Andhra Pradesh High Court - Amravati
Devara Appa Rao, Visakhapatnam 13 ... vs Prl. Secy. Revenue Dept. Hyd 3 Others on 2 January, 2024
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.3169 of 2008
JUDGMENT:-
Heard Sri N. Ashwani Kumar, learned counsel for the petitioners appearing through virtual mode and Sri V. Surya Kiran Kumar, learned Standing Counsel for the respondent No.4 and perused the material on record.
2. This writ petition under Article 226 of the Constitution of India has been filed for the following relief:-
"Hence it is prayed that this Hon'ble Court in the interests of Justice be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus directing the Respondents not to dispossess the Petitioners from land of an extent of Ac. 80.00 in old S. No. 184 and 189 and new S. Nos. 134 and 143 (145/3, 143/10, 143/11, 144/1A, 144/1B, 144/1C and 144/2) of Paradesipalem village, Chinagadili Mandal, Visakhapatnam District or alienate the same by public auction or otherwise and issue a consequential direction that the Petitioners are entitled to continue in possession as on the notified date and cannot be dispossessed except after consideration of their claims in accordance with Section 3(d) and other provisions of the Estates Abolition Act and pass such other or further order or orders as are deem fit and proper in the circumstances of the case."2
3. During pendency of the writ petition with respect to the subject matter of the petition, in S.R.No.11(a)04/2023/LAND(F2)(Comp.No.334122/2023/F2) under Section 11 (a) of the A. P. (AA) Estates (Abolition & Conversion into ryotwari) Act 1948 (in short, the E.A. Act), the Joint Collector-cum-Settlement Officer has passed the order on 06.06.2023, rejecting the claim petition for grant of Ryotwari Patta.
4. Sri V. Surya Kiran Kumar, learned counsel has placed before the Court copy of the Joint Collector-cum- Settlement Officer dated 06.06.2023, which is not disputed.
5. Challenging the order dated 06.06.2023, the claimants/petitioners have filed a revision before the Director of Survey and Settlement (DOS), which is pending. Learned counsel for the petitioners submits that petitioners have filed application for grant of interim relief as well in the said revision, which is pending for consideration.
6. This writ petition therefore loses its efficacy.
7. In the writ petition, there was an interim order dated 15.02.2008, directing to maintain status quo with regard to possession in all respects of the land as on that date. The same was made absolute on 09.07.2009 and is continuing as on date.
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8. The writ petition is dismissed in view of the subsequent developments mentioned above.
9. However, considering that the dismissal is not on merits, it is provided that till disposal of the petitioners' application for interim relief filed in the pending revision before the Director of Survey and Settlement (DOS)/the Revisional Authority or for a period of 2 months from today whichever is earlier, the status quo as on today shall be maintained. The application for interim relief shall also be disposed of by the Competent Authority within a period of two (02) months from today. The petitioner shall not seek adjournment and shall cooperate in disposal of the application for interim relief. The Competent Authority shall decide interim application independent of this order.
10. The petitioner shall serve copy of this order to the said Competent Authority in one (01) week from its receipt.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed.
__________________________ RAVI NATH TILHARI,J Date: 02.01.2024 SCS 4 127 THE HON'BLE SRI JUSTICE RAVI NATH TILHARI WRIT PETITION No.3169 of 2008 Date: 02.01.2024 Scs