IN THE HIGH COURT OF JUDICATURE
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
FRIDAY THE TWENTYSIXTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN
HON’BLE SRI JUSTICE S.V. BHATT WRIT PETITION NO. 4525 OF 2010 Between:
Kaithavapalli Sarada & Ors. … Petitioners V/s.
The State of Andhra Pradesh Represented by its Principal Secretary Secretariat Buildings, Hyderabad & Ors. … Respondents Counsel for the Petitioner : Sri N.Ravi Prasad Counsel for the Respondents : GP for Revenue The court made the following : [order follows] HON’BLE SRI JUSTICE S.V. BHATT
WRIT PETITION NO. 4525 OF 2010
O R D E R :
Heard learned counsel for petitioner and the Government Pleader.
2. With the consent of learned counsel for petitioner appearing for the parties, writ petition is taken up for final disposal.
3. The issue arises under A.P. Land Encroachment Act.
4. On 20/08/2009 notice under section 7 of the Act were issued to the petitioners. The petitioners claim to have submitted a detailed explanation and the third respondent without considering the representation through order dated 19/2/2010 passed orders and served notice under section 6 of the Act for removal of encroachment.
5. Aggrieved by the said order, the petitioners on 24/2/2010 filed an appeal under section 10 of the Act. One of the grievances in the writ petition is, the appellate authority did not pass orders on the stay application moved by the petitioners. Notwithstanding any such inaction, the third respondent was taking steps to disposes or demolish the existing structures in the subject matter. With a view to protect the rights of the parties, pending consideration by the appellate authority the jurisdiction of this Court under Article 226 was invoked.
6. Through interim order dated 15/03/2010 the possession of petitioners is protected. Counter is filed by respondents.
7. Perused the material available on record.
8. The issues of fact and law are pending consideration before the appellate authority. The appeal under section 10 is a statutory remedy under the Act, I consider it appropriate to direct the appellate authority/fourth respondent to dispose of the appeal filed on 24/2/2010 within three months from the date of receipt of copy of this order. The interim order granted by this court is directed to be maintained till final orders are passed by the fourth respondent in the appeal dated 24/2/2010.
9. The writ petition is disposed of as indicated above. No costs.
10. As a sequel, miscellaneous petitions, if any pending shall stand closed.
JUSTICE S.V. BHATT
26/12/2014
I s L
HONOURABLE SRI JUSTICE S.V. BHATT
WRIT PETITION NO. 4525 OF 2010
Circulation No. 99 Date:26/12/2014 Court Master: I s L Computer No.43