Telangana High Court
WP/46448/2016 of B.Sreedhar Vs The State of Andhra Pradesh rep by its Secretary, on 30 December 2016
SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.46448 OF 2016 ORDER: Heard learned counsel for the petitioners and learned Government Pleader for Revenue. With their consent, the present writ petition is disposed of at the admission stage. 2. The present writ petition came to be filed
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ORDER:
Heard learned counsel for the petitioners and learned Government Pleader for Revenue. With their consent, the present writ petition is disposed of at the admission stage.
2. The present writ petition came to be filed with the following prayer:
“ ….to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of respondents in seeking to evict the petitioners from the land covered by Survey No.629/ 2 admeasuring Acs.7.48 cents of Chengareddipalli, H/ o.Karakambadi Village, Renigunta Mandal as illegal and arbitrary.”
3. At the time when the matter is taken up for hearing, it is brought to the notice of the Court that the petitioners filed an application under Section 11(a) of the Estate Abolition Act and the same is pending consideration. It is the case of the petitioners that the respondent-authorities are trying to dispossess them without following due process of law.
4. Learned Government Pleader submits that no documentary evidence has been placed before the Court to show that such application was filed and numbered by the respondent-authorities and that the petitioners are in possession of the same.
5. Having regard to the above rival submissions made, the Writ Petition is disposed of holding that if an application is filed by the 2 CPK,J WP_46448_2016
petitioners under Section 11(a) of the Act and if it is still pending consideration, the respondent-authorities shall pass orders within a period of six weeks from the date of receipt of a copy of the order, after hearing all the concerned and aggrieved persons, after perusing the material which the petitioners claim to have filed along with the application, in accordance with law. If the petitioners are in possession of the property in dispute, status-quo as on today shall be maintained, till then.
Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.
Date:30.12.2016 vhb
_______________________ JUSTICE C. PRAVEEN KUMAR