Telangana High Court
WP/28174/2009 of Smt.Yama Sarojini Vs The Government of Andhra Pradesh, rep.by its Principal on 29 December 2009
COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THIS THE 29th DAY OF DECEMBER, 2009 W.P.No.28174 of 2009 Between: Smt Yama Sarojini ... PETITIONER(S) and The Government of Andhra Pradesh, rep. by its Principal Secretary, Tribal Welfare Department, Secretariat, Hyderabad and others
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESHAT HYDERABAD
TUESDAY, THIS THE 29[th] DAY OF DECEMBER, 2009
W.P.No.28174 of 2009
Between:
Smt Yama Sarojini
and
... PETITIONER(S)
The Government of Andhra Pradesh, rep. by its Principal Secretary,Tribal Welfare Department, Secretariat, Hyderabad and others …RESPONDENT(S)
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY
W.P.No.28174 of 2009
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ORDER:
At the instance of the Special Deputy Tahsildar (Tribal Welfare)Bhadrachalam, proceedings were initiated before the Special DeputyCollector (Tribal Welfare), Bhadrachalam, the 3[rd] respondent, forrestoration of land in Sy.No.32/AA of Padamata Narasapuram Village,Julurpad Mandal, Khammam District, admeasuring Acs.3-18 gts infavour of the 5[th] respondent by evicting the petitioner herein. The 3[rd]respondent passed an order dated 06.06.2006 directing eviction of thepetitioner. Aggrieved by the same, the petitioner filed CMA No.2 of1007 before the Additional Agent to Government, Bhadrachalam, i.e.the 2[nd] respondent herein. The CMA was dismissed on 31.10.2009. Petitioner states that she filed a revision before the 1[st] respondentalong with an application for suspension of the operation of the ordersdated 06.06.2006 passed by the 3[rd] respondent and the orders dated31.10.2009 passed by the 2[nd] respondent and complained that till dateno orders are passed thereon. It is further complained that while theapplication for suspension of the operation of the orders dated06.06.2006 passed by the 3[rd] respondent and the orders dated31.10.2009 passed by the 2[nd] respondent is pending, respondents 4and 5 are trying to evict her.
Heard the learned counsel for petitioner and the learnedGovernment Pleader for Social Welfare.
The petitioner suffered orders in the hands of respondents 2 and 3. It is stated that during pendency of the appeal before the 2[nd]respondent, an order of stay was granted and on the strength of the same she is continuing in possession of the land. If the petitioner isevicted, while the application for suspension of the operation of theorders dated 06.06.2006 passed by the 3[rd] respondent and the ordersdated 31.10.2009 passed by the 2[nd] respondent is pending, nothingremains there to be decided.
The writ petition is, therefore, disposed of directing that thepetitioner shall not be evicted till the 1[st] respondent passes orders onthe application filed by her along with the revision against the orders ofthe 2[nd] respondent in CMA No.2 of 2007 dated 31.10.2007.
There shall be no order as to costs.
__________________________
L.NARASIMHA REDDY, J
29[th] December 2009CVRK
Note: Office to issuecopy in three days.B/o CVRK