IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.32058 of 2014 BETWEEN Posmireddy Suneel Kumar Reddy.
AND ... PETITIONER The Revenue Divisional Officer, Nellore cum – Appellate Authority under the A.P. Assigned Land (POT) Act, 1977, SPSR Nellore District and another.
...RESPONDENTS Counsel for the Petitioner: MR. C.V.R. RUDRA PRASAD Counsel for the Respondents: GP FORREVENUE (AP) The Court made the following:
ORDER:
An order of resumption was passed against the petitioner by the Tahsildar, Kodavalur Mandal, SPSR Nellore District dated 28.02.2014. Against the said order, petitioner preferred an appeal before the Revenue Divisional Officer, Nellore and under impugned order dated 06.10.2014, the said appeal has been dismissed.
2. Petitioner contends that in order to escape the consequences of a contempt case initiated by the petitioner, against the said RDO, the impugned order is passed antedated on 06.10.2014, but the same appears to have been sent to the petitioner by registered post acknowledgement due only on 14.10.2014 and in the meanwhile, the petitioner is being pressurized to vacate the land in question.
3. The contentions of the petitioner with regard to antedate etc. are all matters, which require factual verification and apart from that, the petitioner has an effective alternative remedy of approaching the revisional authority against the order impugned. Hence, leaving all the contentions of the petitioner open, I deem it appropriate to relegate the petitioner to pursue alternative remedy. Petitioner is, therefore, at liberty to approach the said authority by filing an appropriate appeal/revision within a week from today and seek appropriate interim direction from the appellate/revisional authority. To enable the petitioner to prefer an appeal/revision and to protect him till such time, the order impugned, however, shall not be given effect to for a period of ten (10) days from today.
The writ petition is 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 October 27, 2014 DSK