Sheik Madina Bhasha, Vs The Additional Agent to the Government

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

WRIT PETITION No.34552 of 2012

ORDER:

The Special Deputy Tahsildar (T.W.), Addateegala Mandal, respondent No.4 herein, initiated proceedings against the petitioner under the Andhra Pradesh Scheduled Areas Land Transfer Regulation 1/59 as amended by Regulation 1/70 before the Special Deputy Collector, Tribal Welfare, Rampachodavaram, respondent No.2 herein. Through an order, dated 28.09.2012, respondent No.2 directed resumption of Ac.0.01 cent of land in Survey Nos.56 and 17 of Addateegala Village and Mandal, East Godavari District. Aggrieved by that, the petitioner filed an appeal before the Additional Agent to the Government, Rampachodavaram, respondent No.1 herein, together with an application for stay. The grievance of the petitioner is that respondent No.1 did not pass any orders on the application for stay and that in the meanwhile, respondent No.2 is trying to dispossess him.

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Heard the learned counsel for the petitioner and the learned Government Pleader for Social Welfare.

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The petitioner has already availed the remedy of appeal before respondent No.1. If he is dispossessed from the land even while the appeal is pending, the very purpose of availing the remedy would be defeated.

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Hence, the writ petition is disposed of, directing that the order of eviction passed against the petitioner shall remain stayed pending disposal of the appeal before respondent No.1. There shall be no order as to costs.

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The miscellaneous petition filed in this writ petition also stands disposed of.

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_____________________ L.NARASIMHA REDDY,J Dt:06.11.2012 kdl

Sheik Madina Bhasha, v. The Additional Agent to the Government

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Sheik Madina Bhasha, v. The Additional Agent to the Government

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