THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.1664 of 2014 Between:
K. Sambasiva Rao, Vijayawada.
DATE: 30.12.2014 … Appellant And The State of Andhra Pradesh, rep. by its Secretary, Agriculture and Cooperation Department, Secretariat, Hyderabad and others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.1664 of 2014 Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) We admit the appeal for the purpose of little modification of the order and we dispose it of today itself.
The order of modification is as follows:
The Joint Collector in terms of the order of the learned trial Judge, will do the needful while considering letter No.RBZ/934/2013 dated 29.11.2013 of the Chief Executive Officer, Rythu Bazars, Hyderabad, to extend the term of the appellant-writ petitioner as per his discretion. This consideration shall be done within a period of fortnight from the date of communication of this order and in the event, the prayer for extension of the appellant-writ petitioner is not granted, then the appellant shall not be evicted till one week thereafter. Obviously, the said officer shall record the reasons for refusal of extension.
This modified order will be operating provided the appellant-writ petitioner has been in physical possession as of today, as the learned counsel for the State contends that the appellant-writ petitioner is already evicted, which fact is denied by the learned counsel for the appellant.
The appeal is accordingly disposed of.
Consequently, pending miscellaneous petitions, if any, shall also stand dismissed. No costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 30th December, 2014 pnb