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Telangana High Court

T Ramchandramma vs The State Of Telangana And 7 Others on 21 July, 2022

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

             WRIT PETITION NO.29911 OF 2022

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking to declare the action of respondent No.2 in not conducting the case of Tenancy Appeal No.F2/4329/2018 and not disposing of the case, as arbitrary, illegal and consequently direct respondent No.2 to conduct the aforesaid Tenancy Appeal and thereby to dispose of the same, as early as possible.

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, appearing for the respondents.

3. The short grievance of the petitioner in this writ petition is non disposal of the aforesaid Tenancy appeal filed under Section 90 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act 1950 (for short, 'the Act') by the respondent No.2 herein.

4. The facts of the case are that the petitioner herein along with others filed an appeal under Section 90 of the Act aggrieved by the orders passed by the respondent No.3 herein in Case No.K/9663/2016, dated 07.10.2016. The said appeal was 2 taken on file and also assigned Tenancy Appeal No.F2/4329 of 2018. But, the said appeal is still kept pending even after lapse of more than four years and no steps have been take by the respondent No.2 for disposal of the said Tenancy appeal. Hence, learned counsel for the petitioner prays for passing appropriate orders directing respondent No.2 to consider and dispose of the said appeal filed by the petitioner and others, in accordance with law.

5. On the other hand, learned Assistant Government Pleader for Revenue submitted that inasmuch as the said appeal filed by the petitioner is pending for last four years, appropriate orders may be passed to dispose of the same.

6. Taking into consideration the fact that the appeal filed by the petitioner and other under Section 90 of the Act is already taken on file and the same is stated to be pending even after lapse of more than four years, this Court is of the view that there is no justification for respondent No.2 keeping the said appeal for a such a long time.

7. Accordingly, the Writ Petition is disposed of directing respondent No.2 to forthwith take steps for disposal of the Tenancy appeal No.F2/4329/18 filed by the petitioner and other, in accordance with law, by duly putting all the parties on 3 notice and afford them a reasonable opportunity, and pass appropriate orders thereon, within a period of three (3) months from the date of receipt of a copy of this order.

Miscellaneous applications, if any, pending shall stand closed. There shall be no order as to costs.

_____________________________________ MUMMINENI SUDHEER KUMAR, J Date: 21.07.2022 YVL