IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF JUNE TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.14663 of 2014 BETWEEN Gouravarapu Kanaka Rao.
AND ... PETITIONER The Government of Andhra Pradesh, Rep. by its Principal Secretary, (Tribal Welfare), Secretariat, Hyderabad and others.
...RESPONDENTS Counsel for the Petitioner: MS. B. GEETA Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following:
ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Social Welfare.
2. By virtue of the orders of the Special Deputy Collector (Tribal Welfare), Bhadrachalam in Case No.49/2007/ENK dated 20.10.2007 an order of eviction was passed against the petitioner herein on the ground that the A.P. Scheduled Areas Land Transfer Regulations are violated and that the petitioner therein is entitled to restoration of land. Petitioner filed an appeal against the said order before the Additional Agent to the Government, Bhadrachalam in CMA.No.18 of 2008, which also ended in dismissal on 28.12.2013 and in turn the petitioner has filed a revision before the Government, first respondent herein. The said revision filed on 05.02.2014 is stated to be pending and neither the revision nor the applications for suspension and stay of the impugned order are being considered by the first respondent. Petitioner, therefore, invoked the jurisdiction of this Court by filing the present writ petition apprehending that if the revision is not taken up and appropriate interim orders are passed, he would be dispossessed by executing the orders, which are challenged in the said revision.
3. On 23.05.2014, while issuing notice before admission, this Court granted interim stay as prayed for. The writ petition is now posted for further hearing.
4. It is apparent that the petitioner’s revision along with the interim applications is pending before the first respondent. In order to give adequate opportunity to the petitioner it is necessary that the said revision is heard and appropriate orders are passed either in the main revision or in the interlocutory applications therein. Since the order impugned was already stayed by this Court by order dated 23.05.2014, referred to above, it is appropriate to direct the first respondent to consider and hear the revision petition and/or the applications for interim relief filed therein and pass appropriate orders, as expeditiously as possible and in any case, within a period of six (6) weeks from today. In the meanwhile, the orders impugned, passed by the Special Deputy Collector as confirmed by the Additional Agent to the Government, referred to above, shall remain stayed.
The writ petition is accordingly disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J June 2, 2014 DSK