M Lakshmi Devi vs. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION No.6837 of 2020

ORDER : (Heard and pronounced through Blue Jeans App (virtual) mode, since this mode is adopted on account of prevalence of COVID-19 Pandemic)

Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue and with their consent the Writ Petition is disposed of at the stage of admission.

2. The present writ petition is filed inter alia aggrieved by the action of the 2nd respondent in not disposing of the application filed by the petitioner before the 2nd respondent, dated 02.11.2018, seeking restoration of the Appeals/ revisions.

3. As seen from the affidavit filed in support of the writ petition, the appeals were filed by the father of the petitioner with regard to rejection of Ryotwari patta by order dated 31.01.2013. Aggrieved by the said order, the petitioner claims to have filed revision petitions vide RP.V2/78/2013 and RP.V2/79/2013 respectively and the same were dismissed by the 2nd respondent by order dated 06.09.2018. On coming to know the dismissal of revision petitions, the petitioner appears to have filed petitions seeking to set aside the order dated 06.09.2018 and also moved application seeking stay. The said applications are stated to be pending and as the respondents are trying to take possession of the property, the petitioner filed the present writ petition.

4. Learned counsel for the petitioner submits that the action of the respondents in trying to dispossess the petitioner when the application seeking to set aside the exparte order and stay petition are pending consideration before the 2nd respondent, is not just and tenable. He further submits that, if the petitioner is dispossessed from the property pending disposal of the application seeking restoration of the revisions before the 2nd respondent, the petitioner would suffer serious prejudice and irreparable loss. Learned counsel further submits that in similar circumstances, this Court was inclined to dispose of W.P.No.6691 of 2020 by order dated 17.03.2020.

5. Having considered the submissions made by both the counsel, this Court deems it appropriate to dispose of the writ petition with a direction to the 2nd respondent to pass appropriate orders on the petitions stated to have been filed by the petitioner within a period of three (03) weeks from the date of receipt of a copy of this order, strictly, in accordance with law, after giving due opportunity to the petitioner.

6. With the above observation, the Writ Petition is disposed of. No order as to costs.

As a sequel, all the pending miscellaneous applications shall stand closed.

___________________________ NINALA JAYASURYA, J.

Date : 20-01-2021 Gvl

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HON'BLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION No.6837 of 2020

Date : 20.01.2021

Gvl