Disposed

Tamada Nageswara Rao v. The Additional Agent to the Government

Telangana HC11 Jul 2014WP/19329/2014

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What is this about?

The court disposed of a writ petition complaining of inaction regarding a pending appeal against an eviction order. The court directed the appellate authority to consider the appeal and stay application expeditiously and granted a stay of eviction.

What did the court decide?

Stay of eviction of the petitioner. Direction to respondent No.1 to consider the appeal and stay application and pass orders expeditiously within four weeks.

Tamada Nageswara Rao Vs The Additional… — Civil Procedure and Limitation | Telangana HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction)

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FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND FOURTEEN PRESENT

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THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR

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WRIT PETITION No.19329 of 2014

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BETWEEN

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Tamada Nageswara Rao

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... PETITIONER

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AND

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The Government of Andhra Pradesh, Rep. by its Principal Secretary Revenue Department, Secretariat Buildings, Secretariat, Hyderabad and others.

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...RESPONDENTS

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Counsel for the Petitioner: MR. B.S.S. PRASAD Counsel for the Respondents: GP FOR SOCIAL WELFARE (AP)

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The Court made the following:

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ORDER:

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

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2. Petitioner states that an order of eviction was passed against him by

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the Agency Divisional Officer, respondent No.2,

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in ADO LTR No.137/2007, dated 28.10.2013. An appeal against the said order was filed by the petitioner, viz., C.M.A.No.40 of 2014, before respondent No.1 along with the stay petition and the same was pending. Petitioner submits that the said appeal along with the interim application is not taken up for hearing by respondent No.1 and in the meanwhile, respondent No.3 is taking steps to evict the petitioner.

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The present writ petition is, therefore, filed complaining of inaction. 3. Keeping in view the facts and circumstances of the case, and similar orders granted by this court in W.P.No.32420 of 2013, dated 13.11.2013 as well as W.P.No.2474 of 2014, dated 31.01.2014, this writ petition is disposed of directing respondent No.1 to consider the appeal and/or application for stay filed by the petitioner against the aforesaid order of respondent No.2 and pass appropriate orders thereon expeditiously preferably within four weeks from today. Till the appellate authority passes appropriate orders, as directed above, there shall be stay of eviction of the petitioner.

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With the above direction, the writ petition is disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

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_____________________ VILAS V. AFZULPURKAR, J

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July 11, 2014 LMV

Tamada Nageswara Rao v. The Additional Agent to the Government

Case brief

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Tamada Nageswara Rao v. The Additional Agent to the Government

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