Telangana High Court

WP/40555/2012 of B.Srinivas Goud Vs The Revenue Divisional Officer, on 31 December 2012

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R. SUBHASH REDDY Writ Petition No.40555 of 2012 Date: December 31, 2012 Between: B. Srinivas Goud … Petitioner And The Revenue Divisional Officer, Warangal, Warangal District and another … Respondents Order: Petitioner claims that he is the owner and possessor of land

HON’BLE SRI JUSTICE R. SUBHASH REDDY

Writ Petition No.40555 of 2012

Date: December 31, 2012

Between:

B. Srinivas Goud

… Petitioner

And

The Revenue Divisional Officer,Warangal, Warangal District andanother … Respondents

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Order:

Petitioner claims that he is the owner and possessorof land admeasuring 8297 sq. yards in Sy.No.192, 192/E,situated at Hasanparthy village and Mandal, WarangalDistrict, having purchased the same by registered saledeeds dated 14.05.2007, 02.06.2007 and 19.10.2006from the original pattadars. Alleging that petitioner hasencroached an extent of Ac.0.20 guntas and constructeda function hall thereon, in the name of Sri SubhamasthuFunction Hall, proceedings were initiated under the A.P.Land Encroachment Act, 1905, (for short ‘the Act’) and order dated 03.12.2012 is passed videRc.No.B/1356/2012 by the 2[nd] respondent, Tahsildar,Hasanparthy Mandal, Warangal District, ordering evictionof the petitioner from the land in question.

It is stated that as against the said order, petitionerpreferred appeal as provided under Section 10 of the Actbefore the 1[st] respondent, Revenue Divisional Officer, Warangal andsought interim orders pending disposal of the appeal, butthe 1[st] respondent rejected to pass interim orders by orderdated 18.12.2012.

It is the case of the petitioner that inasmuch as hehas purchased the land in question by registered saledeeds and constructed a function hall thereon, it is notopen to the respondents to take steps for evictionresorting to the provisions under the Act.

In view of the pendency of the appeal before the 1[st]respondent, it is not desirable to record any finding onmerits.

Under the Scheme of the Andhra Pradesh LandEncroachment Act, 1905, as a substantive remedy ofappeal is available to the persons aggrieved, I deem itappropriate to dispose of the writ petition directing the 1[st]respondent-appellate authority to dispose of the appeal itself, after affording opportunity of hearing to thepetitioner, within a period of two months from today. Further, no steps shall be taken for eviction of thepetitioner from the land in question, pursuant to orderdated 03.12.2012 passed vide Rc.No.B/1356/2012, tillappropriate orders are passed in the appeal andcommunicated to the petitioner.

Writ petition is accordingly disposed of.

Consequently, WPMP No.51437 of 2012 stands disposedof. No order as to costs.

December 31, 2012MRR

_____________________

R. SUBHASH REDDY, J

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