THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL No.155 OF 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
05.02.2020
passed by the learned Single Judge in W.P.No.2330 of 2020.
The undisputed facts of the case reveal that the appellant before this Court, as stated by him, is the owner of land in Survey No.7LU, to an extent of Ac.1.00, situated at Tandra Village, Kalwakurthy Mandal, Nagarkurnool District and the writ petition was preferred by Bandari Satish stating that a sale deed was executed in his favour and he has submitted an application on 10.07.2019 in Form-6A of the A.P.Rights in land and Pattadar Passbooks Act, 1971 for mutation. A prayer was made before the learned Single Judge to direct the Tahsildar to pass appropriate order in accordance with law.
Learned counsel for the appellant has argued before this Court that he is, in fact, the owner of the subject property and at no point of time, the property was sold by him and he has also filed a Civil Suit in O.S.No.225 of 2019 and therefore, he was a necessary party.
This Court has carefully gone through the impugned order passed by the learned Single Judge. The learned Single Judge has simply directed the Tahsildar to pass appropriate order on the application submitted by the writ petitioner, namely Bandari Satish.
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Resultantly, without adverting to the merits of the case, the present writ appeal stands disposed of with a direction to the Tahsildar to hear all the necessary parties, including the present appellant, while passing a final order in the matter.
Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
________________________ SATISH CHANDRA SHARMA, CJ _______________________ ABHINAND KUMAR SHAVILI, J 31.01.2022 JSU