THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
W.A.No.802 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. Praveen Sagar, learned counsel for the appellant
and Mr. A.K.Narasimha Rao, learned counsel for respondent
No.1/writ petitioner.
2. This appeal is directed against the order dated 28.09.2022 passed by the learned Single Judge disposing of W.P.No.37476 of 2022 filed by respondent No.1 as the writ petitioner.
3. Respondent No.1 as the writ petitioner had filed the related writ petition seeking a direction to respondent No.2 to entertain his representation for recording his name as the owner of the subject property being land admeasuring Acs.4.11 guntas situated at Survey Nos.207/E, 207/E/5 and 220/E/1 of Dattappagudem Village, Mothkur Mandal, Yadadri-Bhuvanagiri District (briefly 'the subject land' hereinafter).
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4. Before the learned Single Judge, respondent No.1 contended that he had purchased the subject land by way of a registered sale deed dated 23.07.2017. However, after introduction of Dharani Portal and upgradation of land records, his name was not entered into the records. In this connection, he had submitted representation dated 26.07.2022 before the District Collector, Yadadri-Bhuvanagiri District (respondent No.3), but the same was not considered.
5. Learned Assistant Government Pleader for Revenue submitted before the learned Single Judge that the representation could not be uploaded because of certain technical reasons and therefore, sought indulgence of the Court to enable the respondents to consider the representation manually.
6. Learned Single Judge noted that respondent No.6 also has a claim to the subject land. Therefore, learned Single Judge while directing respondent No.2 to consider the representation of respondent No.1, also directed respondent No.2 to put respondent No.6 on notice and to hear her before passing an appropriate ::3::
order. Relevant portion of the order of the learned Single Judge dated 28.09.2022 reads as under:
Taking into consideration the submissions made on either side, especially the difficulty expressed by the learned counsel for the petitioner in submitting an online application, the Writ Petition is disposed of directing respondent No.2 to consider the representation dated 26.07.2022, acknowledged by the office of respondent No.2 on the same date for updating the name of the petitioner in respect of land admeasuring Acs.4.11 gts situated in Survey Nos.207/E, 207/E/5 and 220/E/1 of Dattapagudem Village, Mothkur Mandal, Yadadri Bhuvanagiri District and pass appropriate orders thereon in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order.
It is further directed that respondent No.2 while considering the representations submitted by the petitioner shall put respondent No.5 on notice and afford her a reasonable opportunity and then pass orders as directed above. There shall be no order as to costs.
7. Learned counsel for the appellant submits that appellant had entered into an agreement of sale with respondent No.1/writ ::4::
petitioner and had made substantial payment to respondent No.1. However, respondent No.1 has backtracked on the issue for which a cheating case has also been registered against him.
8. On due consideration, we are of the view that if the appellant is aggrieved by the action of respondent No.1, it is open to him to avail his legal remedy but, that cannot be a ground for interfering with the order of the learned Single Judge which we find to be just and proper.
9. Subject to the above, writ appeal is dismissed. No costs.
As a sequel, miscellaneous petitions, pending if any, stand dismissed.
__________________ UJJAL BHUYAN, CJ _______________________ C.V.BHASKAR REDDY, J Date: 15.12.2022 LUR