Telangana High Court
WP/33471/2010 of K. Harinatha reddy Vs The Commissioner (Appeals) on 30 December 2010
SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.33471 of 2010 Date: 30.12.2010 Between : K. Harinathareddy and others. … Petitioners And The Commissioner (Appeals), O/o. Chief Commissioner of Land Administration, Government of A.P., Nampally, Hyderabad and others. …
Date: 30.12.2010
Between :
K. Harinathareddy and others.
… Petitioners
And
The Commissioner (Appeals),O/o. Chief Commissioner of Land Administration,Government of A.P., Nampally,Hyderabad and others.
… Respondents
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ORDER:
Heard learned counsel appearing for the petitioner as well asthe learned Government Pleader for Revenue.
2. This writ petition is filed with the prayer, which reads asunder:under:
“…….Writ of Mandamus declaring the inaction on the part of the 1[st] respondent in not disposing of the stay petition filed alongwith Revision Petition No.V3/55/2010 as illegal, arbitrary,unconstitutional and violative of Article 14 of the Constitution ofIndia and consequently direct the respondents not to interferewith peaceful possession and enjoyment of the land inSy.No.246 extent of Ac.41.61 cents situated in Tiruchanurvillage, Tirupathi Rural Mandal, Tirupati, Chittoor District…….”
3. It is the case of the petitioners that the 2[nd] respondent-Revenue Divisional Officer, who is the appellate authority under the A.P. Inams (Abolition and Conversion into Ryotwari) Act, 1956 (forbrevity “the Act”), passed an order in proceedingsNo.R.Dis.G/1668/2009, dated 27.11.2009, rejecting the appealpreferred by the petitioners. As against the said order, thepetitioners have filed a revision under Section 14-A of the Act beforethe 1[st] respondent-Commissioner of Appeals, O/o. the ChiefCommissioner of Land Administration, Andhra Pradesh, Hyderabad,who is the revisional authority. When the matter was posted on28.12.2010, it was adjourned to 22.2.2011.
4. In this writ petition, the petitioners seek a direction fordisposal of the stay petition filed along with the revision petition. It isalso submitted that all through the petitioners are having interimorders in their favour and they are in continuous possession of theland in question.
5. A perusal of the order, dated 27.11.2009, passed by the2[nd] respondent-appellate authority itself discloses that as againstthe said orders, revision lies before the 1[st] respondent-Commissioner of Appeals under Section 14-A of the Act.
6. Inasmuch as it is stated that the revision was already filedas early as in the month of February, 2010, I deem it appropriate todispose of the writ petition directing the 1[st] respondent-revisionalauthority to dispose of the revision filed by the petitioners asexpeditiously as possible, preferably within a period of three monthsfrom today. The respondents are further directed to maintain statusquo obtaining as on today with regard to possession of the land inquestion till disposal of the revision petition by the 1[st] respondent.
7. Subject to the above direction, the writ petition is disposedof, at the admission stage. There shall be no order as to costs.
_______________________________
JUSTICE R.SUBHASH REDDY
30.12.2010.
NOTE: Issue C.C. in two days.