THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N.TUKARAMJI
W.A.No.485 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. P.Srinivasa Reddy, learned counsel for the
appellants.
2. This appeal has been preferred against the order
dated 24.02.2023, passed by the learned Single Judge in
I.A.No.1 of 2022 filed by the appellants in W.P.No.4951 of
2015 filed by respondent No.1 in the appeal.
3. Respondent No.1 as the writ petitioner had filed the related writ petition being W.P.No.4951 of 2015 assailing the legality and validity of the order dated 12.12.2014 passed by Joint Collector-II, Ranga Reddy District (briefly 'Joint Collector' hereinafter).
4. We may mention that by the aforesaid order, Joint Collector held that land to an extent of Acs.6.09 guntas in ::2::
Survey No.330 of Singapur Village is not an inam land. Further, it was noticed that the revision petitioners i.e., Ms. Sarojini Deshmukh and Mr. Uday Deshmukh had approached the revisional court directly without exhausting their remedies under the Andhra Pradesh Record of Rights in Land and Pattadar Passbooks Act, 1971. That apart, the revision was filed after more than thirty years. However, Joint Collector remanded the matter back to the Tahsildar, Shankerpally Mandal to conduct fresh enquiry and thereafter to pass appropriate order in terms of the aforesaid Act.
5. We find that appellants were not parties to the proceedings before the Joint Collector.
6. Be that as it may, claiming an interest over the said land, appellants filed I.A.No.1 of 2022 in W.P.No.4951 of 2015 seeking impleadment as respondents in the writ proceedings.
7. By the order dated 24.02.2023, learned Single Judge rejected the interlocutory application by holding as follows:
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The main writ petition is filed against an order passed by respondent No.2 in exercise of power under Section 9 of the Rights in Land and Pattadar Passbooks Act, 1971 and the petitioners herein are not parties to the said proceedings. The said proceedings decided by respondent No.2 is a quasi judicial proceeding initiated at the instance of respondent Nos.4 and 5 herein. The petitioners herein claim to be the persons claiming through the common ancestor along with respondent Nos.4 and 5 herein. If at all the petitioners have got any right and title over the land admeasuring Acs.6.09 in Survey No.330 situated at Singapur Village, Shankarpally Mandal, Ranga Reddy District, it is for them to initiate appropriate proceedings seeking protection of their interest in the said property but they are not entitled to come on record in this writ petition, which is arising out of the proceedings initiated by respondent Nos.4 and 5 herein. In view of the same, this Curt is of the considered view that the petitioners herein are neither necessary nor proper parties to the writ petition.
Accordingly, the application is dismissed. However, it is open for the petitioners to pursue the remedies as available under law, in case if the petitioners got any right and title over the land admeasuring Acs.6.09 guntas in Survey No.330 of ::4::
Singapur Village, Shankarpally Mandal, Ranga Reddy.
8. We do not find any error or infirmity in the view taken by the learned Single Judge. As a matter of fact, learned Single Judge has given liberty to the appellants to pursue their remedy to establish their right over the land in question.
9. In the course of hearing, we put a query to learned counsel for the appellants as to whether at any point of time, appellants had lodged a claim before any authority. Learned counsel for the appellants fairly submits that appellants have not made any independent claim in this regard though they are cousins of the revision petitioners.
10. We are not inclined to entertain the appeal and thereby, enlarge the scope of the writ petition. We see no ground to interfere with the order of the learned Single Judge dated 24.02.2023 passed in I.A.No.1 of 2022 in W.P.No.4951 of 2015.
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11. Consequently, the Writ Appeal is dismissed. No costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
__________________ UJJAL BHUYAN, CJ _______________ N.TUKARAMJI, J Date: 26.04.2023 LUR