Telangana High Court
WP/27634/2007 of Nukala Srinivasa Rao Vs The Tahsildar (MRO) on 26 December 2007
SRI JUSTICE V.ESWARAIAH WRIT PETITION NO.27634 OF 2007 Date: 26.12.2007. Between: Nukala Srinivasa Rao, S/o.Adinarayana …Petitioner. and The Tahasildar (MRO), Allavaram Mandal, Allavaram, East Godavari District and another. …Respondents THE HON’BLE SRI JUSTICE
THE HON’BLE SRI JUSTICE V.ESWARAIAH
WRIT PETITION NO.27634 OF 2007
Date: 26.12.2007.
Between:Nukala Srinivasa Rao, S/o.Adinarayana …Petitioner.
and
The Tahasildar (MRO), Allavaram Mandal,Allavaram, East Godavari District and another.
…Respondents
THE HON’BLE SRI JUSTICE V.ESWARAIAH
WRIT PETITION NO.27634 OF 2007
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ORDER:
It is the case of the petitioner that he is running acycle repairing buddy shop in an extent of Ac.0.05 cents, situatedin Survey No.220 of Gudala village, Allavaram Mandal of EastGodavari district. While so, the Tahasildar, Allavaram Mandalissued a final notice under Section 6 of the A.P. LandEncroachment Act, 1905 calling upon the petitioner to vacate thesaid premises within three days on the ground that the petitioneroccupied water canal bund. Aggrieved by the said final notice, thepetitioner filed an appeal before the Revenue Divisional Officer,Allavaram on 12.12.2007 along with the application for grant ofstay. It is stated that even before the disposal of the said appeal,the petitioner is sought to be dispossessed from the said site.
Having regard to the facts and circumstances of thecase and without expressing any opinion on the merits of the case,if the appeal is filed on 12.12.2007 before respondent No.2 againstthe final notice of respondent No.1, dated 12.11.2007, respondentNo.2 is directed to consider and dispose of the said appeal.Pending disposal of the said appeal, status quo obtaining as ontoday with regard to the possession of the said site admeasuringAc.0.05 cents in Survey No.220 of Gudala village, AllavgaramMandal, East Godavari district shall be maintained.
Accordingly, the Writ Petition is disposed of.
No order as to costs.
Date:26.12.2007. GS
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V.ESWARAIAH, J.