Telangana High Court
Ammena Begum And 5 Others vs The State Of Telangana And 2 Others on 17 August, 2022
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION No.32446 of 2022
ORDER:
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents. The writ petition is disposed of at the stage of admission.
2. The short grievance of the petitioners in this writ petition is non-consideration and non-disposal of the appeal said to have been filed by the petitioners under Section 10 of the Telangana Land Encroachment Act, 1905 against the proceedings No.B/8708/19, dated 24.07.2019, passed by respondent No.3 herein. According to learned counsel for the petitioners, respondent No.2 entertained the appeal and numbered as Case No.E1/1192/2019 requiring the petitioners to appear before him on 05.10.2019. It is further contended that on 05.10.2019 when the petitioners appeared before respondent No.2, respondent No.2 reserved the same for orders, but failed to pass any orders as on date. Therefore, the petitioners, having waited for a considerable time, approached respondent No.2 requesting to reopen the matter and to fix a date for hearing the arguments on their behalf. But, in spite of the same, respondent No.2 has not 2 taken any action and the said appeal/revision said to have been filed by the petitioners is still pending consideration before respondent No.2. Hence, learned counsel for the petitioners prays this Court to direct respondent No.2 to dispose of the said appeal/revision numbered as Case No.E1/1192/2019.
3. On the other hand, learned Assistant Government Pleader for Revenue placed before this Court the written instructions furnished by respondent No.3.
4. A perusal of the said written instructions shows that the said revision/appeal said to have been filed by the petitioners in Case No.E1/1192/2019 is still pending consideration before respondent No.2.
5. Taking into consideration the submissions made on either side, especially the fact that the revision/appeal said to have been filed by the petitioners in Case No.E1/1192/2019 is pending before respondent No.2, this Court is of the considered opinion that it would be appropriate to dispose of the writ petition without waiting any further.
6. The writ petition is accordingly disposed of directing respondent No.2 to dispose of the said revision/appeal in Case 3 No.E1/1192/2019 by duly affording an opportunity of hearing to the parties therein within a period of two months from the date of receipt of a copy of this order. Pending disposal of the same, the respondents are directed to maintain status quo obtaining as on today with regard to possession of the subject land.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
____________________________________ MUMMINENI SUDHEER KUMAR, J Date:17.08.2022 Note:- Issue C.C. in four days.
(B/o) KH 4 THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.32446 of 2022 Date:17.08.2022 KH