IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR BETWEEN P.Venkata Lakshmi AND WRIT PETITION No.33935 of 2014 ... PETITIONER The State of Telangana, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others.
...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. Petitioner is aggrieved by the orders passed by the Special Deputy Collector, Tribal Welfare, Palavancha, in L.T.R.Case No.302/95/APT, dated 21.08.1997, and under the said order petitioner was directed to be evicted from the petition schedule land. Aggrieved by the said order, petitioner preferred an appeal before the Additional Agent to the Government in C.M.A.No.41 of 2007. However, the same was dismissed by the order of the Additional Agent, dated 02.08.2014. Petitioner now states that he has preferred revision before the Government, respondent No.1 herein, against the said appellate order on 22.09.2014 along with an interim application seeking stay of eviction. Petitioner has, however, approached this court alleging that respondent No.1 has not yet taken up the said revision or the stay petition and thereby petitioner is now likely to be evicted in execution of the orders.
3. Learned Government Pleader states that the revision preferred by the petitioner before respondent No.1 will be considered in due course along with the stay petition and appropriate orders will be passed.
4. In view of the fact that the petitioner’s revision is pending with respondent No.1, the execution of the order of eviction before the stay petition is considered by respondent No.1, would cause serious prejudice to the petitioner. Hence, in order to balance the equities, I deem it appropriate to dispose of the writ petition directing respondent No.1 to consider petitioner’s revision along with the interim application and pass appropriate orders at least to the extent of the interim application within four weeks from the date of receipt of a copy of the order. Pending consideration and passing of appropriate orders, as directed above, execution of the order of Special Deputy Collector, Tribal Welfare, referred to above, shall remain stayed.
With the above direction, 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 November 11, 2014 LMV