Telangana High Court

WP/28941/2008 of Tummala Bhaskar Rao Vs The Government of A.P on 30 December 2008

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28941 of 2008 Between: Tummala Bhaskar Rao S/o.Subbaiah Assannagudem(V)

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENTTHE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION NO : 28941 of 2008

Between:

Tummala Bhaskar Rao S/o.Subbaiah Assannagudem(V) Dammapeta(M) Khammam District

..... PETITIONER

AND

1 The Government of A.P rep.by its Secretary Tribal WelfareDepartment Secretariat Hyderabad 2 The Additional Agent to Government & Project Officer I.T.D.ABhadrachalam Khammam District3 The Special Deputy Collector Tribal Welfare BhadrachalamKhammam District 4 The Tahsildar Dammapeta(M) Khammam 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 or direction preferably writ of Mandamusdeclaring the order issued by the 1st respondent in LrNo.9087/LTR/2/2008-2 dt 5-12-2008 (rejecting sty petition) Without anynotice and without any reason is illegal arbitrary and violative of principlesof natural justice and consequently set aside the same further direct therespondents or their subordinate staff not to dispossess the petitioner frompossession and enjoyment of the property in Sy No.1294 measuring anextent of Acs 4-16 situated at Nagupalli(V) of Dammapeta(M) KhammamDistrict pending disposal of the revision on the file of the 1st respondentand pass Counsel for the Petitioner:MR.KOWTURU VINAYA KUMAR

Counsel for the Respondent No.: GP FOR SOCIAL WELFARE

The Court made the following :

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ORAL ORDER:

On the basis of a complaint given by a Tribal, proceedings underSection 3(1) of the Andhra Pradesh Scheduled Areas Land TransferRegulation 1 of 1959 as amended by Regulation 1 of 1970, were initiatedagainst the petitioner. However, the same were dropped by the originalauthority on 19.10.2005. Questioning the said dropping of theproceedings, the complainant approached the appellate authority by wayof filing C.M.A.No. 68 of 2007 and the same was allowed by the appellateauthority. As the said order is against the petitioner, he approached therevisional authority i.e., the first respondent herein along with stayapplication. However, the stay application seeking stay was rejected. Hence, the petitioner approached this court.

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

As submitted by the learned counsel appearing for the petitioner,the revision petition filed by the petitioner is pending before the firstrespondent. Therefore, it is desirable to direct the first respondent todispose of the revision pending before him.

Accordingly, the Writ Petition is disposed of directing the firstrespondent to dispose of the revision pending before him, within a periodof eight weeks from the date of receipt of a copy of this order. However, itis made clear that during the pendency of the said revision, the petitionershall not be dispossessed from the land in S.No. 1294 measuring anextent of Acs. 4.16 situated at Nagupalli Village of Dammapeta Mandal,Khammam District. There shall be no order as to costs.

_______________________________

GOPALA KRISHNA TAMADA, J

Dt. 30.12.2008KA

..... REGISTRAR

// TRUE COPY //

SECTION OFFICER

To

1 The Government of A.P rep.by its Secretary Tribal WelfareDepartmentDepartment Secretariat Hyderabad 2 The Additional Agent to Government & Project Officer I.T.D.ABhadrachalam Khammam DistrictBhadrachalam Khammam District 3 The Special Deputy Collector Tribal Welfare BhadrachalamKhammam DistrictKhammam District 4 The Tahsildar Dammapeta(M) Khammam District

5. Two CCs to G.P. for Social Welfare, High Court of A.P., Hyderabad.6. 2CD copies6. 2CD copies

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