THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.8934 OF 2004 DATED 26TH AUGUST, 2014 Between:
Mohd. Khan … Petitioner and Government of Andhra Pradesh rep.
by its Secretary to Government, Revenue Department, Hyderabad and others … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.8934 OF 2004 O R D E R In the light of the provisions of Section 104 of the Andhra Pradesh Reorganization Act, 2014, the Government of Andhra Pradesh shown as respondent No.1 is deemed to have been substituted as Government of Telangana. Office is directed to carry out the said amendment in the cause title before issuing a copy of this order.
This writ petition was filed to declare the Distraint Order dated 15- 03-2004 issued by the Mandal Revenue Officer, Charminar Mandal, Hyderabad, and the consequential Memo dated 01-05-2004 of the Principal Secretary, Government of Telangana, as illegal.
It appears that recovery proceedings were initiated under the Andhra Pradesh Revenue Recovery Act, 1864, against the petitioner at the behest of the Andhra Pradesh State Wakf Board. While so, a revision petition was filed by the petitioner under Section 57-A of the Andhra Pradesh Revenue Recovery Act and was entertained by the Government. However, under the Memo dated 01-05-2004, the Revisionary authority vacated the stay of the Distraint Order dated 15- 03-2004 while reserving the case for final orders. The said Memo reads as under:
“The Revision Petition filed u/s 57-A by Sri M. Khan S/o Azeem Khan, R/o 18-7-423B and 44/4, Aman Nagar, Talab Kata, Hyderabad came up for hearing on 01.04.2004 at 4.00 PM before the Government. After hearing, the Proceeding No.C/166/04, dt.15.03.04 issued by MRO., Charminar Mandal, Hyderabad Dist. were stayed up to 30.04.04 i.e. the next date of hearing.
The case was again heard to-day i.e. on 30.04.04. After hearing the case from both the parties, it is hereby decided to vacate the stay. The case is reserved for final orders.”
Aggrieved by the said action, the petitioner approached this Court. By order dated 11-05-2004, this Court granted interim stay of all further proceedings pursuant to the Memo dated 01-05-2004. In effect, the Revisionary authority was stalled from passing the final order.
As the matter has been kept pending for a decade and it is for the Revisionary authority to pass final orders in the matter, the writ petition is disposed of directing the Revisionary authority to pass final orders in the revision petition filed by the petitioner under Section 57-A of the Andhra Pradesh Revenue Recovery Act, 1864 expeditiously and in any event, not later than two months from the date of receipt of a copy of this order. Pending this exercise, the stay of the Distraint Order dated 15-03- 2004 shall continue to operate and the decision of the Revisionary authority to vacate the said stay shall not be given effect to. Interim stay dated 11-05-2004 shall stand vacated. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
SANJAY KUMAR, J 26th AUGUST, 2014
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