Sri.D.Bhoomaiah vs State Of Telangana

Citation : 2021 Latest Caselaw 2864 Tel
Judgement Date : 1 October, 2021

Telangana High Court
Sri.D.Bhoomaiah vs State Of Telangana on 1 October, 2021
Bench: A.Abhishek Reddy
          THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

                   WRIT PETITION No. 17043 of 2021
ORDER:

Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue for the official respondents. With their consent, the Writ Petition is disposed of at the admission stage.

2. The main grievance of the petitioners is that the respondent No. 3 is not passing orders on the application of the petitioners, dated 07.04.2021 for incorporation of the shares as per the decree passed in O.S. No. 892 of 2020 on the file of I Additional Senior Civil Judge, Ranga Reddy District in the Occupancy rights Certificate issued by the respondent No. 3 in proceedings No. L/4920/1998, dated 26.12.2003, as ordered by the Joint Collector, Ranga Reddy District in Case No. F1/1685/2004, dated 31.12.2005.

3. As seen from the record, when the petitioners approached the Joint Collector, respondent No. 2 herein, by way of appeal under Section 24 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 being aggrieved by the orders of the respondent No. 3, dated 26.12.2003 in issuing Occupancy rights Certificate, the respondent No. 2 by order, dated 31.12.2005 while setting aside the ORC, directed the parties to approach the civil court for adjudication of their respective rights in respect of the subject land. Subsequently, the parties have instituted O.S. No. 892 of 2020 on the file of I Additional Senior Civil Judge, Ranga Reddy District seeking declaration of title and for perpetual injunction, wherein a decree was passed on 01.03.2021 in terms of the 2 compromise entered between the parties. By virtue of the said decree, the parties have approached the respondent No. 3 by filing application, dated 07.04.2021 seeking issuance of ORC as per the compromise decree. Complaining inaction on the part of the respondent No. 3 in passing orders thereon, the present writ petition is filed.

4. Having regard to the above, without going into the merits or demerits of the case, the respondent No. 3 is hereby directed to dispose of the representation of the petitioners, dated 07.04.2021 duly taking into account the judgment and decree, dated 01.03.2021 in O.S. No.892 of 2020 and the earlier orders of the Joint Collector, dated 31.12.205, as expeditiously as possible, preferably, within a period of two months from the date of receipt of a copy of this order. It is needless to mention that before passing any orders, the parties shall be put on notice. A copy of the order that may be passed by the respondent No. 3 shall be communicated to the petitioners.

Pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

______________________ A.ABHISHEK REDDY, J Date : 01.10.2021.

tsr 3 THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION No. 17043 of 2021 DATE: 01-10-2021