THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.11582 OF 2008 Date:23.04.2014 Between:
Vudumula Seetharama Reddy, S/o Gurva Reddy, Aged 55 years, Cultivation, R/o Babu Camp, Kothagudem Revenue Mandal, Khammam District.
And The Principal Secretary to Government, Tribal Welfare Department, Secretariat, Hyderabad and three others.
… Petitioner ... Respondents The Court made the following:
ORDER:
The grievance canvassed arises under the A.P. Scheduled Areas Land Transfer Regulation 1 of 1959. The husband of 5th respondent filed application against writ petitioner under the said regulation before the Special Deputy Collector for possession of land in an extent of acres 5.11 guntas out of survey Nos.161/1, 161/2 and 163/4 of Chunchupalli Village. The said application was allowed through order dated 25.03.1996. The writ petitioner being aggrieved by the said order filed CMA No.110 of 2003 before the Additional Agent to Government and Project Officer, I.T.D.A., Bhadrachalam. The said appeal was dismissed through order dated 28.07.2007. The writ petitioner pursued the further remedy of revision before the 1st respondent and according to the material available on record, the same was filed on 28.04.2008 along with a petition to stay the operation of orders impugned before the 1st respondent. The 1st respondent did not pass any orders either on the stay petition or issued notice of hearing in the revision. Fearing threat of dispossession or any hasty action by the respondents, the present writ petition is filed.
This Court through order dated 29.05.2008 granted interim stay of dispossession from the petition land in favour of the petitioner. The 5th respondent filed petition to vacate the said interim order.
With the consent of learned counsel for petitioner and learned Government Pleader and also learned counsel for the respondent Nos.5 to 8, the writ petition is taken up for hearing and disposal.
The only grievance in the writ petition is one of inaction and in the interregnum, the threat of dispossession by the respondents. All these years, the possession of petitioner is protected by the order of this Court dated 29.05.2008. Since the revision is still pending before the 1st respondent, having regard to the rival claim for the petition land between the petitioner on one hand and respondent Nos.5 to 8 on the other, I consider it appropriate to direct the 1st respondent to hear and dispose of the revision presented on 28.04.2008 against the order in CMA.No.110 of 2003, within a period of four (04) months from the date of receipt of a copy of this order. The stay granted earlier shall remain in force till the disposal of the revision by the 1st respondent. It is needless to observe that in the meantime, the petitioner shall not change physical features of the petition land and/or create any third party interest to the detriment of either Government or contesting party.
With the above directions, the Writ Petition is disposed of. No order as to costs.
Consequently, miscellaneous petitions filed in this writ petition shall stand dismissed.
S.V.BHATT, J 23rd April, 2014. gra