Telangana High Court
WP/27451/2007 of Challa Sammakka, Vs The Special Deputy Collector (TW) on 24 December 2007
SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 27451 of 2007 Dated 24th December, 2007 Between Challa Sammakka …Petitioner and The Special Deputy Collector (TW), Bhadrachalam, Khammam District, and, ors …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 27451 of
HON'BLE SRI JUSTICE R.SUBHASH REDDY
WRIT PETITION NO : 27451 of 2007
Between
Dated 24[th] December, 2007
Challa Sammakka
…Petitioner
and
The Special Deputy Collector (TW), Bhadrachalam, KhammamDistrict, and, ors …Respondents.
THE HON'BLE MR JUSTICE R.SUBHASH REDDY
WRIT PETITION NO : 27451 of 2007
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ORDER:
In this Writ Petition, the petitioner seeks Writ of Mandamus todeclare the action of the second respondent in not passing orders onthe stay application in the appeal filed by her against the order ofeviction dated 17-8-2007 in LTR Case No.114/2007/KGM passed bythe Special Deputy Collector (TW), Bhadrachalam, Khammam District,as illegal and arbitrary.
The petitioner claims to be the owner and possessor of the landadmeasuring Ac.1.03 guntas covered by Sy.No. 57/1,2,3,4,5/A/3 ofChunchupalli village in Kothagudem Mandal of Khammam District,having purchased the same from its previous owner, by name, BhukyaRamulu, by registered sale deed dated 22-6-1967. It is stated that theSpecial Deputy Collector, Tribal Welfare, Bhadrachalam, first respondent herein, initiated proceedings against the petitioner underthe A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amendedby Regulation 1/1970 and passed order of eviction dated 17-8-2007 inLTR Case No. 114/2007/KGM.
The grievance of the petitioner is that though she has filedstatutory appeal on 17-11-2007 before the Additional Agent to theGovernment, (Project Officer, ITDA), Bhadrachalam, along with anapplication for grant of interim order, no orders have been passed, and,on the other hand, the respondents are taking steps for eviction. Hence, the petitioner has approached this Court.
Heard the learned Counsel for the petitioner and the learnedGovernment Pleader appearing for the respondents.
Whether the purchase of the subject land by the petitioner is incontravention of the A.P. Scheduled Areas Land Transfer Regulation1/ 1959, as amended by Regulation 1/1970 or not, is a matter which isrequired to be considered by the appellate authority. In view of thependency of the appeal, it is not desirable to go into merits of the caseand record any finding on the said transaction at this stage. As muchas, it is stated that the petitioner purchased the subject land in the year1967 by registered sale deed, and, further, the appeal filed by himbefore the appellate authority is pending consideration, and the saidappellate authority has not exercised jurisdiction vested in it by notpassing any order on the application for grant of interim order, I deem itappropriate to dispose of the writ petition directing the secondrespondent/appellate authority to dispose of the appeal itself asexpeditiously as possible. Further, there shall be a direction to the respondents not to enforce the order of eviction dated 17-8-2007 till thedisposal of the appeal and allow the petitioner to be in possession ofthe land in question.
Subject to the above direction, the Writ Petition is disposed of atthe admission stage. No order as to costs.
DATE: 24-12-2007.Msnr.
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JUSTICE R. SUBHASH REDDY