P.Dorai Raju vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Admission (Revenue)
Before:
Hon'ble D Ramesh
Listed On:
18 Nov 2020
Original Order Copy
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Order Text
HON'BLE SRI JUSTICE D. RAMESH WRIT PETITION No.21435 of 2020
ORDER:
The present writ petition is filed seeking to declare the action of the 3rd respondent for non-disposal of Appeal Roc.No.B1/3019/2020, dated 29-08-2020 and non-passing stay order till disposal of the main appeal preferred against the notice vide ROC.No.A/59/2019, dated 19-06-2020 issued by the 4th respondent in respect of the petitioner's land in an extent of Ac.4-74 cents in Sy.No.39 situated at Palarlapalle Village, Kuppam Mandal, Chittoor District, as illegal, arbitrary, contrary to law and violation of principles of natural justice apart from violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the 3rd respondent to dispose of the Appeal vide Roc.No.B1/3019/2020, dated 29-08-2020 and pass such other orders.
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Heard learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents.
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The petitioner is the absolute owner and possessor of agricultural land an extent of Ac.4-74 cents in Sy.No.39 situated at Palarlapalle Village, Kuppam Mandal, Chittoor District. The petitioner is living by cultivating the said land and except the said land, there is no other land. While the matter stood thus, when the authorities are trying to interfere with the possession of the petitioner, the petitioner filed W.P.No.11264 of 2020 and while pending the said writ petition, the petitioner has received
a notice issued by the 4th respondent vide ROC.No.A/59/2019, dated 19-06-2020 seeking explanation why the land an extent of Ac.4-74 cents cannot be resumed for the public purpose. According to the averments of the writ petition, the petitioner has not received the said notice. Hence he has not submitted any explanation. In continuation of the said proceedings, the 2nd respondent issued proceedings in Roc.G4/264698/2019, dated 27-06-2020 and passed resumption orders for an extent of Ac.4-00 cents in Sy.No.39. In view of the said proceedings, the petitioner has withdrawn the earlier writ petition and filed an Appeal before the 3rd respondent on 29-08-2020 along with the stay petition. Even now, after lapse of three months, the 3rd respondent has not passed any orders in the stay petition filed by the petitioner. Hence the present writ petition.
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Learned Government Pleader appearing for the respondents has stated that within a reasonable period, the 3rd respondent shall consider the appeal along with the stay petition and pass appropriate orders.
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Considering the above submissions made by both the counsel, the Writ Petition is disposed of, at the stage of admission with the consent of both the counsel, directing the 3rd respondent to consider the Appeal Roc.No.B1/3019/2020, dated 29-08-2020 filed by the petitioner and pass orders on stay petition within four (04) weeks from the date of receipt of a copy of this order. Meanwhile, the respondents are directed not to disturb the possession of the petitioner. No costs.
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As a sequel, the miscellaneous applications, if any pending, shall stand closed.
______________ D. RAMESH, J
Date : 18-11-2020 ARR
HON'BLE SRI JUSTICE D. RAMESH
WRIT PETITION No.21435 of 2020
Date : 18-11-2020
ARR