IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.25583 of 2014 BETWEEN T.Konaiah AND ... PETITIONER The State of Andhra Pradesh, 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 complains inaction on the part of respondent No.3 in seizing the bore well of respondent No.4. According to the petitioner, the seizure order was passed against respondent No.4, against which he has preferred an appeal bearing No.D2/3245/2014, which is pending before respondent No.2 and interim stay, granted by the appellate authority on 16.08.2014, was subsisting only till 22.08.2014 and since the said date expired, there is no stay in operation. As such, respondent No.3 is duty bound to seize the bore well in the absence of any stay. The relief sought for in the writ petition is complaining of inaction on part of respondent No.3 to act accordingly.
3. Learned Government Pleader, on instructions, submits that the appeal is now posted for hearing before respondent No.2 on 26.09.2014 and the stay order already granted by respondent No.2 is extended up to that date.
4. In view of the stay being in operation and the appeal already having been listed for hearing on 26.09.2014, no further orders are warranted in this writ petition except directing respondent No.2 to consider and dispose of the said appeal on the date so fixed or on any other adjourned date, in any case before the end of October, 2014, after hearing both sides.
With the above direction, 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 September 17, 2014 Note: -
Furnish copy in three days.
{B/o} LMV