Disposed

Desala Narasimharaju, v. The Additional Agent to the Government

Telangana HC23 Jul 2014WP/20159/2014

Case brief

AI extract

What is this about?

Single-judge writ petition wherein court directed respondent Government to examine a pending revision petition. Court maintained status quo regarding land possession pending disposal of interim application within four weeks.

What did the court decide?

Directions to respondent Government to consider pending revision and pass interim orders within four weeks; maintenance of status quo on land possession pending orders.

Desala Narasimharaju, Vs The Additional Agent to the… — Land Acquisition | Telangana HC (2014)

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HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR

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WRIT PETITION No.20159 of 2014

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ORDER:

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Heard learned counsel for the petitioner and learned Government Pleader for revenue.

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Petitioner suffered an order of eviction dated 27.08.2010 in L.T.R.P.No.136/2007, passed by the Agency Divisional Officer, Rampachodavaram, East Godavari District. As against that, appeal filed by the petitioner, being C.M.A.No.9 of 2011 was dismissed by respondent No.1 by order, dated 31.10.2013. The petitioner has, therefore, questioned the said orders by approaching respondent No.5-Government, by filing a revision on 13.12.2013. The petitioner states that he has filed an application for interim relief also along with the appeal. However, the grievance of the petitioner in the present writ petition is that neither the revision petition nor the application for stay is being taken up by respondent No.5 and meanwhile, the petitioner is likely to be dispossessed. Hence, the present writ petition is filed.

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Learned Government Pleader for Revenue submits on the basis of the instructions that the revision filed by the petitioner is pending with respondent No.5. He, however, submits that as per the report of the Mandal Revenue Inspector, the possession of the land was taken over on 05.07.2014 and is kept in the custody of the Village Revenue Officer, Indukur.

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Since the revision petition of the petitioner is pending with respondent No.5, it is just and necessary that the said revision is taken up and appropriate orders are passed therein, at least, to the extent of interim relief sought for by the petitioner.

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In the circumstances, the writ petition is disposed of directing respondent No.5 to consider the petitioner’s aforesaid revision petition and pass appropriate orders, at least in the interim application, within four weeks from the date of receipt of a copy of this order. Till the order aforesaid is passed by respondent No.5, status quo with regard to the land existing as on today shall be maintained and the same shall be subject to the orders that would be passed by respondent No.5 in terms of this order. There shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

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____________________ VILAS V. AFZULPURKAR, J

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Dt:23.07.2014

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kdl

Desala Narasimharaju, v. The Additional Agent to the Government

Case brief

What is this about?

What did the court decide?

Desala Narasimharaju, v. The Additional Agent to the Government

Case brief

What is this about?

What did the court decide?

What the court decided

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