Rahmatullah Khan v. Government of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad
2013-12-31
C.V.NAGARJUNA REDDY
body2013
DigiLaw.ai
Judgment : This Writ Petition is filed for a mandamus to set aside proceedings No. A 1/2150/2013 dated 28.12.2013 of respondent No.3. At the hearing, Smt. V.Dyumani, learned counsel for the petitioners, has not disputed that her clients have filed an appeal under Section 10 of the Andhra Pradesh Land Encroachment Act, 1905 (“the Act’ for short), against the impugned order. She further stated that as respondent No.3 has allowed a three days time for vacating the property, they have filed the present Writ Petition. This Court has been constantly noticing that while passing eviction orders, the primary authorities (Tahsildars concerned) have not been granting reasonable time to the aggrieved parties for vacation of the premises and the appellate authorities are not passing orders on the interlocutory applications, filed seeking stay of interim orders. As a result of this lack of rational approach on the part of the primary as well as the appellate authorities, the legal remedies of appeal and revision are rendered otiose. A fundamental feature of our legal system is right to avail further remedies wherever the extant statutory enactments provided for such remedies. Such a legal right cannot be scuttled by fixing arbitrary time limits for implementation of the orders, which are subject to further legal remedies at the option of the aggrieved parties. Respondent No.1 is therefore directed to issue a circular to the authorities under the Act to provide at least thirty days’ time, which is stipulated as limitation for filing appeals for vacation of the properties covered by the eviction orders. The Circular shall further provide that the appellate authority shall pass an appropriate order on the stay application as expeditiously as possible and in any case not later than three days from the filing of the stay application. Respondent No.1 shall send a copy of the circular to the Registrar (Judicial) for being placed before this Court within one month from the date of receipt of this order. Having regard to the availability of the effective alternative remedy of appeal, I am not inclined to entertain the Writ Petition for adjudication on merits. However, as respondent No.3 has stipulated a wholly inadequate period of three days for vacation of the premises, the order of respondent No.3 is suspended subject to the condition that the petitioners shall file an appeal within two weeks from today.
However, as respondent No.3 has stipulated a wholly inadequate period of three days for vacation of the premises, the order of respondent No.3 is suspended subject to the condition that the petitioners shall file an appeal within two weeks from today. The order of suspension of the impugned order shall continue till such time as an appropriate order is passed by the appellate authority in the stay application to be filed in the proposed appeal. The Writ Petition stands disposed of in the manner indicated above. As a sequel to disposal of the Writ Petition, WP.MP.No.48332 of 2013 filed by the petitioners for interim relief shall stand disposed of as infructuous.