WP/28568/2009 of Balineni Gopaiah (NT) Vs Government of Andhra Pradesh on 31 December 2009

ORDER:

WRIT PETITION No.28568 of 2009

Respondent No.4 initiated proceedings before theSpecial Deputy Collector, Bhadrachalam, respondent No.2herein, under the Andhra Pradesh (Scheduled Area) LandTransfer Regulation Rules, 1969 twice against the petitioner inrespect of Ac.0.36 guntas of land in Survey No.93/1 ofSomulagudem Village, Palvancha Mandal. On both theoccasions, the proceedings were dropped. Respondent No.4filed C.M.A.No.316 of 2007 before the Additional Agent toGovernment, Bhadrachalam, respondent No.3 herein. TheC.M.A. was allowed on 31.10.2009. The petitioner states thathe filed a revision before the Government, respondent No.1herein, together with an application for stay. His grievance isthat respondent No.1 did not pass any orders and in themeanwhile, respondent Nos.4 and 5 are trying to evict him fromthe land.

Heard the learned counsel for the petitioner and thelearned Government Pleader for Social Welfare.

The petitioner availed the statutory remedy of revisionagainst the order passed by respondent No.3 in C.M.A.No.316of 2007. If he is dispossessed in the meanwhile, nothingremains to be decided and the very purpose of filing therevision would be defeated.

Hence, the writ petition is disposed of, directing that theorder, dated 31.10.2009, passed by respondent No.3 in

C.M.A.No.316 of 2007 shall remain stayed till respondent No.1passes orders in the stay petition filed by the petitioner alongwith the revision. There shall be no order as to costs.

_____________________

L.NARASIMHA

REDDY,J

Dt:31.12.2009

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