Telangana High Court
WP/29011/2009 of Lingala Venkateswara Rao Vs The State of Andhra Pradesh, on 31 December 2009
SRI JUSTICE C.V.RAMULU WRIT PETITION No.29011 of 2009 Dated: 31.12.2009 Between: Lingala Venkateswara Rao. .. Petitioner. And The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat, Hyderabad, and others. .. Respondents. ORDER: According to
THE HON’BLE SRI JUSTICE C.V.RAMULU
WRIT PETITION No.29011 of 2009
Dated: 31.12.2009
Between:
Lingala Venkateswara Rao. .. Petitioner.
And
The State of Andhra Pradesh,Rep. by its Principal Secretary,Revenue Department,A.P. Secretariat, Hyderabad, and others. .. Respondents.
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ORDER:
According to the petitioner, he purchased the land to an extent of168 sq. yards in R.S.No.285 situated at Kondapalli village,Ibrahimpatnam Mandal, Krishna District, from one Sri Rekha SubbaRao and his sons in the year 1988 and since then he has been inpossession and enjoyment of the said land without interference fromany corner. While so, it is his case that he received a show causenotice dated 31.10.2005 from the 3[rd] respondent-Mandal RevenueOfficer, Ibrahimpatnam Mandal, Krishna District, alleging that he isfound to have been in possession and enjoyment of the subject land incontravention of the provisions of sub-section (2) of Section 3 of theAndhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977(for short ‘the Act’), for which he submitted his detailed explanation, buthowever the 3[rd] respondent, without considering his explanation,ultimately issued proceedings dated 05.12.2005, ordering resumptionof the land in question, and aggrieved thereby, he filed appeal beforethe 2[nd] respondent-Revenue Divisional Officer, Vijayawada, and thesame is pending. The grievance of the petitioner is that though theappeal filed by him is taken on file as Appeal No.537 of 2006, noorders are passed thereon till date and, taking advantage of the same,he is sought to be dispossessed from the subject land by the 3[rd]respondent. Hence, this writ petition.
Heard the learned counsel for the petitioner and the learnedGovernment Pleader for Revenue appearing for the respondents.
In the facts and circumstances of the case, without expressingany opinion on merits, the 2[nd] respondent-Revenue Divisional Officer,Vijayawada, is directed to dispose of Appeal No.537 of 2006 purportedto have been filed by the petitioner against the order dated 05.12.2005passed by the 3[rd] respondent, in accordance with law, asexpeditiously as possible. However, till the disposal of the said appeal,status quo obtaining as on today shall be maintained as to thepossession of the petitioner over the subject land.
With the above directions, the writ petition is disposed of. Noorder as to costs.
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C.V.RAMULU,J
31.12.2009v v