THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No.862 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. V.Yadu Krishna Sainath, learned counsel for
the appellant and Mr. Rajagopallavan Tayi, learned counsel
for respondent Nos.4 & 5/writ petitioners. We have also
heard Dr. Juttukonda Vijaya Laxmi, learned Government Pleader for Revenue representing respondent Nos.1, 2 & 3.
2. This appeal is directed against the order dated 02.09.2022 passed by the learned Single Judge disposing of Writ Petition No.17001 of 2008 filed by respondent Nos.4 & 5 as the writ petitioners.
3. The related writ petition was filed in the year 2008 seeking a direction to the revenue authorities of Rajendra Nagar Mandal in Ranga Reddy District not to evict/disposes the writ petitioners from the schedule land admeasuring Ac. 0.21 guntas in Survey No.96, situated at Upperpally Village, Rajendra Nagar Mandal, Ranga Reddy District (briefly referred to hereinafter as 'subject land'). Further prayer made 2 HCJ & CVBRJ W.A.No.862 of 2022 was for a direction to the Tahsildar to pass appropriate orders on the application dated 20.06.2008 seeking regularization of the subject land.
4. It appears that during the pendency of the writ petition, respondent Nos.4 & 5, on the basis of order dated 10.09.2015 passed by this Court in PIL.No.517 of 2013, made a representation dated 20.03.2022 to the revenue authorities for regularization of the subject land.
5. At the time of hearing, learned Assistant Government Pleader for Revenue submitted before the learned Single Judge that the revenue authorities would consider the representation of the petitioner.
6. We may mention that at the time of admission of the writ petition, a status quo order was passed on 06.08.2008.
7. Learned Single Judge on due consideration directed the revenue authorities of Rajendra Nagar Mandal in Ranga Reddy District to consider the representation dated 3 HCJ & CVBRJ W.A.No.862 of 2022 20.03.2022 of respondent Nos.4 & 5 within eight (08) weeks and till disposal of the representation to maintain status quo as was directed earlier on 06.08.2008.
8. Learned counsel for the appellant submits that appellant has a claim to the subject land as an orphan in terms of extant Government policy. Therefore, respondent Nos.4 & 5 ought to have arrayed appellant as a party to the writ proceedings.
9. Though contentions have been raised by learned counsel for the appellant and respondent Nos.4 & 5 pertaining to their respective claims, we are not inclined to go into such contentious issues at this stage. Suffice it to say that while considering the representation of respondent Nos.4 & 5, Tahsildar of Rajendra Nagar Mandal should also consider the claim of the appellant.
10. Therefore, we modify the order of the learned Single Judge dated 02.09.2022 and direct that Tahsildar of Rajendra Nagar Mandal, Ranga Reddy District shall consider the claims of both appellant and respondent Nos.4 & 5 as to 4 HCJ & CVBRJ W.A.No.862 of 2022 the subject land and thereafter pass an appropriate order in accordance with law after putting the parties to notice and after giving reasonable opportunity of hearing to both the sides. The above exercise shall be carried out within a period of eight (08) weeks from the date of receipt of a copy of this order. Till such decision is rendered which shall be intimated to all the stake holders, status quo as on 06.08.2008 shall be maintained.
11. This disposes of the Writ Appeal. However, there shall be no order as to costs.
12. As a sequel, miscellaneous applications pending, if any, in this Writ Appeal, shall stand closed.
___________________________ UJJAL BHUYAN, CJ ___________________________ C.V.BHASKAR REDDY, J Date: 27.12.2022 KL