Allowed

Tandra Krishna Rao v. The Agent to the Government (District Collector)

Telangana HC13 Jul 2016WP/22856/2016

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed challenging the non-consideration of a stay application and civil appeal concerning land dispossession. The Court directed the respondent authority to pass orders on the reliance filed materials within four weeks and maintained the status quo pending such orders.

What did the court decide?

Direction to the 1st respondent to pass orders on the stay application and civil miscellaneous appeal within four weeks; status quo maintained regarding possession.

Tandra Krishna Rao Vs The Agent to the Government… — Land Acquisition | Telangana HC (2016)

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THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR

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WRIT PETITION No.22856 OF 2016

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ORDER:

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Heard the learned counsel for the petitioner and the learned Government Pleader for Social Welfare for respondents 1 to 3. With consent of the counsel appearing for both sides, the present writ petition is disposed of at the admission stage.

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2. The present Writ Petition is filed with the following prayer: “to a writ, order, direction more particularly one in the nature of “Writ of Mandamus” declaring the action of the 1^st respondent in not considering the petition of the petitioner herein seeking stay of dispossession from the land admeasuring Ac.1-30 gts situated at Rangapuram Village, Paloncha Mandal, Khammam District pursuant to order dated 15.12.2007 made in LTR Case No.376/2004/PVC of the 2^nd respondent, filed on 13.06.2016 in Civil Miscellaneous Appeal under Section 3(3)(a)II) of the A.P. Scheduled Areas Land Transfer Regulation 1 of 1959 read with Regulation 1 of 1970 as being illegal arbitrary, unconstitutional and contrary to law and consequently direct the 1^st respondent to consider the stay petition and CMA filed by the petitioner herein.”

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3. A perusal of the material on record would show that pursuant to an order dated 04.03.2016 passed by this Court in W.P.No.2101 of 2008, the petitioner is said to have preferred an appeal challenging the impugned order therein dated 15.12.2007 before the 1^st respondent – Agent to the Government (District Collector) at Khammam, on 02.06.2016. The endorsement made by the Inward Section of the Collector’s Office, Khammam on the docket of the said appeal indicates that the said appeal was received on 13.06.2016 in a closed cover. Along with the statutory

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appeal, the petitioner also claims to have filed an application seeking stay of his dispossession from the scheduled land. It is the case of the petitioner that though the appeal and the application for stay are filed in June, 2016, till date no orders are passed either on the appeal or on the application for stay.

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4. Learned Government Pleader for Social Welfare submits that if the appeal filed by the petitioner meets all the requirements, the same will be dealt with in accordance with law.

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5. Having regard to the circumstances stated above and since the appeal is filed in the month of June, 2016, the 1^st respondent is directed to pass orders either on the stay application or on the appeal within a period of four (04) weeks from the date of receipt of a copy of this order. Till such time, status quo as on today shall be maintained with regard to possession in respect of the property in dispute.

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6. Accordingly, the Writ Petition is disposed of. Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.

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_______________________ JUSTICE C. PRAVEEN KUMAR

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Date:13.07.2016 INL

Tandra Krishna Rao v. The Agent to the Government (District Collector)

Case brief

What is this about?

What did the court decide?

Tandra Krishna Rao v. The Agent to the Government (District Collector)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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