Parimisetty Ravindra Kumar vs The State Of Andhra Pradesh
2024 Latest Caselaw 723 AP

Andhra Pradesh High Court - Amravati

Parimisetty Ravindra Kumar vs The State Of Andhra Pradesh on 25 January, 2024

                           HIGH COURT OF ANDHRA PRADESH

                   MAIN CASE No: W.P.No.1762 of 2024

                          PROCEEDING SHEET

Sl.                                                                                  OFFICE
        DATE                                    ORDER
No.                                                                                  NOTE.

01.   25.01.2024   RC,J
                                 W.P.No.1762 of 2024


                           Notice before admission.
                           Learned Government Pleader for Revenue takes
                   notice for R1 to R4.
                           Post on 08.02.2024.
                                                                       ________
                                                                          RC, J
                                    I.A.N0.01/2024
                           Heard.
                           Miss Deepthi, learned counsel representing learned
                   counsel for the petitioners submitted that, it is settled
                   principles of law that when any authority passes any
                   eviction order, a minimum statutory period should be given
                   for removal of the encroachments. But in the present case
                   only    48   hours     has   been   given   for   removal    of
                   encroachments.       Further, the petitioner filed an appeal
                   dated 02.01.2024 before the 3rd respondent along with an

application to stay the order dated 29.11.2023 passed by the 4th respondent. So far, the 3rd respondent has not passed any order on the said stay application. Taking advantage of the same, the 4th respondent is contemplating to evict the petitioners from the subject land. If such action is allowed to continue, the petitioners right to file appeal as well as the purpose of filing the writ petition would be defeated. In support of her contentions, she relied on the judgment in Rahamatullah Khan and another Vs Government of A.P. rep by its Principal Secretary, Revenue Department and others1. Accordingly prayed to protect the interest of the petitioner.

To the said submission, learned Assistant Government Pleader sought two (02) weeks time for passing orders on the stay application in the appeal filed by the petitioner.

Prima facie, a point has been made out for consideration. In the said circumstances, in order to meet the ends of justice, this Court is inclined to pass the following interim order:

An order of Status Quo obtaining as on today shall be maintained for a period of two(02) weeks and the RDO is directed to pass orders independently on the stay application in the appeal filed by the petitioner uninfluenced by the orders passed of this Court within two(02) weeks.

________ RC, J BRS

2014(2) ALT 814 (S.B.)