Disposed

Kottu Yerrayya v. The Additional Agent to the Government

Telangana HC11 Jul 2014WP/19371/2014

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AI extract

What is this about?

The High Court disposed of a writ petition complaining of inaction regarding a pending appeal against an eviction order. The court directed the appellate authority to hear the appeal and decide on a stay application within four weeks, imposing a stay on eviction pending the appellate decision.

What did the court decide?

Directing respondent No.1 to consider the appeal for stay and pass orders within four weeks, and staying eviction pending such orders.

Kottu Yerrayya Vs The Additional Agent to the Government — Landlord and Tenant | 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.19371 of 2014

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BETWEEN

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1. Kottu Yerrayya and another

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... PETITIONERS

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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 Petitioners: 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 petitioners and learned Government

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Pleader for Social Welfare appearing for the respondents.

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2. Petitioners state that an order of eviction was passed against them by

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the Agency Divisional Officer, respondent No.2,

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in ADO LTR No.62/2008, dated 28.10.2013. An appeal against the said order was filed by the petitionersx, viz., C.M.A.No.46 of 2014, before respondent No.1 along with the stay petition and the same was pending. Petitioners submit 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 petitioners. The present writ petition is, therefore, filed complaining of inaction.

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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 petitioners 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

Kottu Yerrayya v. The Additional Agent to the Government

Case brief

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Kottu Yerrayya v. The Additional Agent to the Government

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