Disposed

Gudisa Srinivasa Rao, v. The Government of A.P.

Telangana HC4 Dec 2013WP/35066/2013

Case brief

AI extract

What is this about?

The Court disposed of a writ petition directed at a delay by the appellate authority in disposing of a stay application filed in an appeal under the Andhra Pradesh Assigned Lands Act. The Court directed the authority to decide the appeal within three months and stayed impugned orders.

What did the court decide?

Direction to respondent No.2 to dispose of the appeal within three months; stay of impugned orders dated 08.07.2013 and 16.01.2012 until disposal.

Gudisa Srinivasa Rao, Vs The Government of… — Civil Procedure and Limitation | Telangana HC (2013)

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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY

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WRIT PETITION No.35066 of 2013

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04.12.2013

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Between:

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Gudisa Srinivasa Rao and another

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…Petitioners

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And

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The Government of Andhra Pradesh, represented by its Principal Secretary, Hyderabad and others

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…Respondents

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Counsel for the petitioners: Sri Venkateswara Rao Gudapati

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Counsel for respondents: Assistant Government

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Pleader for Revenue

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The Court made the following:

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ORDER:

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This writ petition is filed with the grievance that respondent No.2 has not been considering the petitioners’ application for stay filed in the appeal filed by them against the order dated 08.07.2013 of respondent No.3 confirming the order dated 16.01.2012 of respondent No.4.

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In support of their plea that they have filed an appeal under Section 4-A (2) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 along with an application for stay, the petitioners have filed copies of the appeal and the stay application filed therein with the seal of the office of respondent No.2 containing ‘30.07.2013’ as the date of receipt of the appeal. As the purpose of filing the stay applications is to ward off the adverse effects of the orders impugned in the appeals, such a purpose cannot be frustrated by the appellate authorities by keeping the said applications pending without passing appropriate orders.

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In the above view of the matter, the Writ Petition is disposed of with the direction to respondent No.2 to dispose of the petitioners’ appeal itself within a period of three months from the date of receipt of a copy of this order. Till such disposal, the impugned orders dated 08.07.2013 and 16.01.2012 passed by respondent Nos.3 and 4 respectively shall not be given effect to.

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As a sequel to disposal of the writ petition, W.P.M.P.No.43593 of 2013 filed by the petitioners for interim relief shall stand disposed of as infructuous.

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__________________________ (C.V.NAGARJUNA REDDY, J)

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04^th December, 2013

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GHN

Gudisa Srinivasa Rao, v. The Government of A.P.

Case brief

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Gudisa Srinivasa Rao, v. The Government of A.P.

Case brief

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