Disposed

N Choultry v. Prl.Secretary ( Revenue) and 2 Others

Telangana HC3 Dec 2018WP/15521/2017

Case brief

AI extract

What is this about?

Common order on Writ Petitions challenging an order under Section 11 of the Andhra Pradesh Estates Act. The Court granted liberty to file an appeal before the Director of Settlements, directed maintenance of status quo for four weeks, and mandated disposal of appeals within three months.

What did the court decide?

Liberty to file appeal; status quo maintained for four weeks; direction to appellate authority to dispose of appeal within three months.

N Choultry Vs Prl.Secretary ( Revenue) and 2 Others — Land Acquisition | Telangana HC (2018)

¶1

HON’BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND HON’BLE SRI JUSTICE S.V. BHATT

¶2

WRIT PETITION Nos.15521 & 32176 OF 2017

¶3

COMMON ORDER: (Per Hon’ble Sri Justice S.V.Bhatt)

¶4

The writ petitioners assail the order of 3^rd respondent/Joint Collector, Visakhapatnam made under Section 11 of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (for short, ‘the Act’). The order is appealable under Section 7 of the Act before the Director of Settlements.

¶5

The grounds raised in the writ petitions including violation of principles of natural justice can be considered by the appellate authority by taking all relevant factors into consideration. The petitioners hence are given liberty to file appeal by enclosing a copy of this order within four weeks from today.

¶6

The appeal, if is presented as permitted by this order the appellate authority without reference to the delay in filing the appeal entertains, numbers the appeal and disposes of the appeal on merits after notice to the respondents/ryots who are impleaded by the appellants.

¶7

Having regard to peculiar facts of this case, we direct the parties to maintain status quo as on date for a period of four weeks from today.

¶8

¶9

The appellate authority, if interim application is made by the appellants, considers and disposes of the same on its merits, uninfluenced by this order, as expeditiously as possible, preferably within two weeks from the date of such application being made.

¶10

The appeals are directed to be disposed of without fail by calling for the entire record from the office of Joint Collector-cumSettlement Officer, Visakhapatnam District within a period of three months. The contesting parties in appeal are given liberty to raise all the grounds available in this behalf and the appellate authority as per the Scheme of the Act is required to advert to these contentions and decides the objections etc.

¶11

The Writ Petitions are disposed of as indicated above. No order

¶12

as to costs.

¶13

As a sequel thereto, Miscellaneous Applications, if any, pending shall stand closed.

¶14

______________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ

¶15

______________ S.V. BHATT, J

¶16

December 03, 2018. Issue C.C. in two weeks Stp / V V

N Choultry v. Prl.Secretary ( Revenue) and 2 Others

Case brief

What is this about?

What did the court decide?

N Choultry v. Prl.Secretary ( Revenue) and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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