Telangana High Court
WP/28627/2008 of Komali Surya Rao Vs The Govt of A.P on 29 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28627 of 2008 Between: Komali Surya Rao S/o Sathi Raju Papampeta(V)
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
MONDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION NO : 28627 of 2008
Between:
Komali Surya Rao S/o Sathi Raju Papampeta(V) Addateegala(M) E.G District
AND
..... PETITIONER
1 The Govt of A.P Social Welfare (LTR-2) Department SecretariatBuildings Hyderabad Rep.by its Principal Secretary 2 The Additional Agent to the Government & Project Officer I.T.D.ARamapachodavaram E.G District 3 The Special Deputy Collector Tribal Welfare Ramachodavaram E.G
District
4 The Tahsildar Addathegala(M) Addathegala E.G District 5 Chalumarthi Ammanni W/o.Manga Reddy Pepampeta(V) Addateegla(M) E.G District
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to to issue a writ order or direction more particularly one in thenature of writ of Manadamus declaring the action of the 1st respondent innot passing orders in Revision petition and further declare the order of the2nd respondent in C.MA No.129 of 2005 dt 2-12-2008 as highly illegalarbitrary unjust improper and in violation of principles of natural justiceand consequently set aside the same and pass Counsel for the Petitioner:MR.BADANA.BHASKARA RAO
Counsel for the Respondent No.: GP FOR SOCIAL WELFARE
The Court made the following :
THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION No.28627 of 2008
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ORDER:
1 Initially fifth respondent filed LTRP No.41/2003under theprovisions of A.P. Scheduled Area Land Transfer Regulation 1 of1959 as amended by 1 of 1970 before the third respondent seekingejectment of the petitioner from the land to an extent of Ac.5-50 centsin Sy.No.1/17 in Papempeta Village, Addateegala Mandal in EastGodavari District and after due enquiry, the third respondent passedan order dated 22.07.2004 in favour of the petitioner holding that thepossession of the petitioner over the said land is established bycogent documentary evidence such as Pattadar passbook, Adangalsand other records and ultimately dismissed the said LTRP No.41 of2003. Aggrieved thereby the fifth respondent carried the matterbefore the second respondent in C.M.A.No.129 of 2005, which wasallowed on 02.12.2008. Assailing the same, the petitioner in this WritPetition preferred a revision before the first respondent and along withthe revision, the petitioner also filed an application seekingsuspension of the order passed by the second respondent. However,as no orders have yet been passed on the said application, thepetitioner approached this court and filed the present Writ Petitionapprehending dispossession.
2 Heard the learned counsel for the petitioner and also thelearned Government Pleader for Social Welfare.
3 Having regard to the submissions made by the learnedcounsel for the petitioner, this Court is of the view that the presentWrit Petition can be disposed of at the stage of admission as follows:
4 In the result, the Writ Petition is disposed of directing the firstrespondent to dispose of the revision pending before it within a period of 8 weeks from the date of receipt of a copy of this order. However,pending disposal of the same, the order passed by the secondrespondent in CMA No.129 of 2005 dated 02.12.2008 shall remainsuspended. No order as to costs.
29.12.2008
kvsn
---------------------SRI T.G.K,
J.