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High Court for State of TelanganaWP/40306/2018disposed of no costs

Sri D. Munisubramanyam Reddy v. The State Of Andhra Pradesh

2018-11-09A.Rajasheker Reddy2 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.40306 of 2018 ORDER:

The case of the petitioner is that the petitioner filed appeal before the 3rd respondent on 12-10-2018 against the orders of eviction passed by the 4th respondent on 17-09-2018 along with stay petition in pursuance to the orders in WP.No.35979 of 2018, dated 04-10-2018. No notices are issued. Neither stay application nor appeal is taken-up for hearing. Meanwhile, the respondent-authorities are trying to dispossess the petitioner from the subject land to an extent of Ac.0-40 cents out of land to an extent of Ac.1-00 cents in sy.No.39/9 of Akkarampalle Village, Tirupati Urban Mandal, Chittoor District, since status-quo order granted only for a period of four weeks in the above writ petition. Aggrieved by the same, the present writ petition is filed.

Heard learned counsel for the petitioner, who submits that one acre land in above survey number was allotted to the petitioner under Estate Abolition Act, 1948 and Ac.0-60 cents was acquired by the Government and the petitioner was paid compensation. Without considering all those objections, the impugned order of eviction was passed on 17-09-2018. Heard learned Assistant Government Pleader for Revenue. Since it is stated that the appeal is already pending before the 3rd respondent, it is for the 3rd respondent to consider the same and pass orders.

In view of the same, the 3rd respondent is directed to dispose of the appeal filed by the petitioner against the orders of eviction passed by the 4th respondent on 17-09-2018 in accordance with law after issuing notice to the petitioner. Till disposal of appeal before the 3rd respondent, the petitioner shall not be dispossessed from the subject land.

With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

___________________________ A.RAJASHEKER REDDY,J 09-11-2018 Nvl