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Judgment
Heard Sri Bondempally Ramulu, learned counsel appearing for the petitioner and learned Assistant Government Pleader for Assignment.
This writ petition is filed to declare the action of respondents more particularly 5th respondent, who is trying to interfere and dispossess the petitioner from the subject land by demolishing existing structures in the petitioner land in Sy.No.125/85 to an extent of Ac.01-00 gts, in Sy.No.125/90 to an extent of Ac.01-00 gts and in Sy.No.125/93 to an extent of Ac.01-00 gts, totally comprising as one unit to an extent of Ac.3.00 gts of Peddakanjerla Village, Patancheru Mandal, Sanga Reddy District, without waiting the outcome of statutory appeal which is pending before the 4th respondent and without following due procedure of law as illegal and arbitrary and consequently direct the respondents not to interfere/dispossess the petitioner from her assigned lands.
The petitioner herein is claiming that she is the absolute owner and possessor of Sy.Nos.125/85, 125/90 and 125/93 total to an extent of Ac.3.00 gts., situated at Peddakanjerla Village, Patancheru Mandal, Sanga Reddy District. It is assigned land. The 5th respondent passed resumption orders in proceedings No.C/959/2022, dated 04.07.2022, resuming the aforesaid land on the ground of violation of terms of assignment.
According to the petitioner, she has filed an appeal under Section 4-A of the A.P. (Telangana) Assigned Lands (Prohibition of Transfers) Act, 1977, before the 4th respondent, on 22.09.2022, the 4th respondent refused to receive the same and therefore, she has sent the same through registered post. Along with the said appeal, she has also filed an Interlocutory Application seeking suspension of aforesaid resumption order, dated 04.07.2022 of 5th respondent. Respondent No.4 is taking up the same deciding in accordance with law. On the other hand, the 5th respondent is trying to dispossess the petitioner from the subject property under the guise of the resumption order dated 04.07.2022.
Sri. Bondempally Ramulu, learned counsel for the petitioner, has produced a notice dated 24.01.2023, issued by the 3rd respondent fixing the date of enquiry of the said appeal on 03.02.2023 at 11 a.m. In the said notice, there is reference with regard to the appeal filed by the petitioner and also the representations dated 22.12.2022 and 21.01.2023. The aforesaid notice would reveal the fact of filing appeal and Interlocutory Application and the same are pending before 4th respondent. He did not consider the same and dispose of in accordance with law.
On the other hand, the 5th respondent is trying to dispossess the petitioner from the subject property under the guise of the resumption order dated 04.07.2022.
Whereas land assistant Government Pleader for Revenue, on instructions, would submit that respondent No.4 will consider the said appeal and I.A., in accordance with law.
In view of the above said submissions, this writ petition is disposed of, directing the 4th respondent to dispose of the stay application filed along with the appeal by the petitioner seeking suspension of resumption order dated 04.07.2022 of 5th respondent, in accordance with law, as expeditiously as possible. Till disposal of the aforesaid stay application by the 4th respondent, the 5th respondent is directed not to dispossess the petitioner from the subject property under the guise of the resumption order dated 04.07.2022. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.