Excerpt
A single-judge bench consisting of Hon’ble Justice D.V.S.S. Somayajulu gave orders on the Writ Petition no. 3723 of 202. The writ petition was filed by the Petitioners challenging the behaviour of Respondent no. 2 – The Additional Agent to the government and project officer, where there was inaction on his part in considering the stay petition pending appeal.
Facts
In this case, the impugned order of eviction has been passed by the Respondents. The orders were passed on 20.11.2020 and the petitioner made an appeal for a stay dated 03.2.2021. but the stay petition has not been considered by the Respondents and there is inaction on their part. Aggrieved by the situation, the Petitioner filed a Writ Petition before the court challenging the behaviour of the Respondents. As the matter of the case included the threat of dispossession it was considered to be taken immediately.
Arguments Advanced
The learned counsel for the unofficial Respondent raised objections – firstly, one about the maintainability of the appeal itself, and secondly, on the fact that no proof was filed to show that CMA was actually presented before Respondent no. 2.
The learned Government pleader for social welfare submitted before the court that the appeal for the stay petition was made on 03.02.2021 and the notice was issued to the parties that the concerned hearing was fixed on 27.03.021.
The learned counsel for the Petitioner submitted before the court that there was an endorsement on .3.2.2021 of the receipt of the appeal by Respondent no. 2.
Court’s Analysis
The court opined that in view of the limited prayer made in the Writ Petition by the Petitioner the issue is to be left open and it is to be decided by Respondent no. 2 alone. The impugned order of eviction was passed on 20.11.2020 and the appeal was filed on 03.2.2021. In cases where there is the threat of dispossession, it is advised to take up the matter immediately to dispose of the merits of the case. It is made clear that Respondent no. 2 can pass an order on the merits of the case without being influenced by the fact that the court passed an order.
Court’s Decision
The court without going into the merits of the case disposed of the Writ Petition by directing Respondent no. 2 to fix a date for hearing immediately on receipt of a copy of this order by issuing notices to all the parties and take a decision on the stay petition within the shortest time possible. There will be no orders as to cost and any application pending shall also stand closed.
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