THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No.795 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. Madhusudan Reddy Gavinolla, learned
counsel for the appellant and Mr. Vinay Reddy, learned
counsel representing Mr. B.Bal Reddy, learned counsel for
respondent Nos.5 & 6/writ petitioners. Also heard
Mr. T.Srikanth Reddy, learned Government Pleader for Revenue for respondent Nos.1 to 4.
2. This writ appeal is directed against the order dated 29.10.2022 passed by the learned Single Judge disposing of Writ Petition No.39843 of 2022 filed by respondent Nos.5 & 6 as the writ petitioners.
3. Respondent Nos.5 & 6 had filed the related writ petition seeking a direction to respondent Nos.2 to 4 for taking steps for mutation of their names in Dharani portal 2 HCJ & CVBRJ W.A.No.795 of 2022 and also for issuance of new Dharani passbooks in respect of land to the extent of Ac. 2.24 guntas out of Ac. 10.14 guntas in Survey No.28, situated at Peerzadiguda Village, Medipally Mandal in Medchal-Malkajgiri District ('subject land' hereinafter) pursuant to their applications vide application Nos.LM2100052903 and LM2100057621.
4. Before the learned Single Judge, learned Assistant Government Pleader for Revenue submitted that District Collector, Medchal-Malkajgiri District would consider the online applications of respondent Nos.5 & 6. It was thereafter that learned Single Judge disposed of the writ petition in the following manner:
"6. In view of the said discussion, this Writ Petition is disposed of, directing the 3rd respondent to consider the online application Nos.LM2100052903 and LM2100057621, submitted by the petitioners and pass appropriate orders in accordance with law by putting the petitioners and all effected parties on notice and affording them an opportunity of hearing. If, the 3rd respondent is not 3 HCJ & CVBRJ W.A.No.795 of 2022 inclined to accept the claim made by the petitioners, he shall assign specific reasons and pass a reasoned order, communicate copy of the said order to the petitioners and complete the said exercise within a period of eight (08) weeks from the date of receipt of a copy of this order. There shall be no order as to costs."
5. Learned counsel for the appellant submits that appellant and respondent Nos.5 & 6 belong to the same family. There is a family dispute as regards the subject land, in respect of which civil litigation is pending at the appellate stage. Suppressing this fact, the related writ petition was filed.
6. After hearing learned counsel for the parties and on due consideration, we are of the view that learned Single Judge had taken care to ensure that no prejudice is caused to any person. Learned Single Judge only directed the District Collector to consider the two online applications of respondent Nos.5 & 6 in accordance with law by putting respondent Nos.5 & 6 and all affected 4 HCJ & CVBRJ W.A.No.795 of 2022 parties on notice and after affording them opportunity of hearing. 3rd respondent was directed to pass a reasoned order thereafter and to communicate the same to respondent Nos.5 & 6.
7. We make it clear that appellant Sri T.Anil Singh shall also be heard by the District Collector, Medchal- Malkajgiri District, while considering the two online applications of respondent Nos.5 & 6. It will be open to the appellant to raise all possible grounds in objection to the said applications, which shall be heard and decided by the 3rd respondent in accordance with law and after giving due opportunity of hearing to all the stake holders. Whatever decision is taken by the 3rd respondent, the same shall be communicated to all the parties. We make it clear that we have not expressed any opinion on merit and all contentions are kept open.
8. This disposes of the Writ Appeal. However, there shall be no order as to costs.
5 HCJ & CVBRJ
W.A.No.795 of 2022
9. As a sequel, miscellaneous applications
pending, if any, in this Writ Appeal, shall stand closed.
___________________________ UJJAL BHUYAN, CJ ___________________________ C.V.BHASKAR REDDY, J Date: 06.12.2022 KL