IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.22239 of 2014 BETWEEN Chintalapti Satyavathi and two others.
AND ... PETITIONERS The Government of A.P., Rep. by its Secretary, Revenue Department, Secretariat, Hyderabad and others.
...RESPONDENTS Counsel for the Petitioners: MR. V.V.N. NARAYANA RAO Counsel for the Respondents: GP FOR REVENUE (AP) The Court made the following:
ORDER:
Petitioners suffered an order bearing No.148/2014/B dated 16.07.2014 under Section 3 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’) wherein the fourth respondent directed resumption of the land from the petitioners and others in terms of the show cause notice issued earlier dated 19.06.2014.
2. Petitioners states that they had received the said order on 02.08.2014 and that under Section 4(A) of the Act they have 90 days limitation available for preferring an appeal before the third respondent. However, apprehending execution of the order and dispossession, without waiting to avail the appellate remedy, the petitioners filed the present writ petition.
3. Since the order impugned is appellable and petitioners intend to file an appeal before the third respondent, I am not inclined to entertain the writ petition. However, in order to protect the interest of the petitioners, liberty is given to the petitioners to approach the third respondent by way of an appeal, as provided under the Act, against the impugned order and to enable the petitioners to protect their possession, in the meanwhile and till the petitioners secure an appropriate order from the appellate authority, the order impugned shall remain stayed for a period of four (4) weeks from today.
The writ petition is disposed of. As a sequel, miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J August 6, 2014 DSK