THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.10522 of 2025

ORDER:

This writ petition is filed questioning the inaction of respondent No.3 in disposing the stay application filed along with the statutory appeal preferred against the order dated 15.01.2025 passed by respondent No.4 vide proceedings No.A/561/2024, dated 15.01.2025, as illegal, arbitrary and violative of principles of natural justice and for other appropriate reliefs.

2. It is stated that the petitioner was assignee of agricultural land to an extent of Ac.3.00 guntas in Sy.No.249 situated at Bhoothpur Village, Makthal Mandal, Narayanpet District, vide proceedings bearing No.D/25/2000, dated 05.08.2000. It is stated that alleging violation of the conditions of the assignment patta, an enquiry has been initiated under Section 4 of the Telangana State Assigned Lands (Prohibition of Transfers) Act, 1977 and respondent No.4-Tahsildhar has passed order vide proceedings No.A/561/2024, dated 15.01.2025 directing the Mandal Revenue Inspector, Makthal, to take over possession of the subject land under the cover of panchanama and submit report. It is stated that aggrieved by the said order, the petitioner herein has preferred an appeal under Section 4(A) of the Act, 1977 on the file of respondent No.3-Revenue Divisional Officer on 27.01.2025.

3. The grievance of the petitioner herein is that though he preferred an appeal along with an interlocutory application seeking interim suspension of the impugned order dated 15.01.2025 passed by respondent No.4, even after lapse of 90 days, neither respondent No.4 has numbered the appeal nor granted interim relief as sought for. Therefore, the petitioner was constrained to file the present Writ Petition.

4. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent this writ petition is disposed of at the admission stage.

5. This Court has examined the assignment patta. It is not in dispute either the grant of assignment patta in favour of the petitioner or action initiated to take over the possession of the assignmed land pursuant to the order passed by respondent No.4-

Tahsildhar vide proceedings No.A/561/2024, dated 15.01.2025.

6. Since it is stated that the petitioner has violated the conditions of the assignment patta, it is the obligation on the part of the statutory authority to dispose of the appeal. Atleast pending disposal of the appeal, the statutory authority ought to have taken up and decide the Interlocutory Application, which was filed for interim suspension of impugned order. Therefore, this Court is of the opinion that ends of justice would be met, if respondent No.3- Revenue Divisional Officer is directed to dispose of the appeal itself, within a period of three (3) months from the date of receipt of a copy of this order. Further, pending disposal of the appeal, respondents are directed not to take any coercive action against the subject property in terms of the order passed by respondent No.4-Tahsildhar vide proceedings No.A/561/2024, dated

15.01.2025.

7. With the above observations, this Writ Petition is disposed of.

There shall be no order as to costs.

8. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

_________________________________ JUSTICE C.V.BHASKAR REDDY

08.04.2025 ynk