THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.823 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. Ch.Venugopal, learned counsel for the
appellant and Mr. J.Narender, learned counsel for
respondents No.1 and 2/writ petitioners. We have also
heard Mr. J.Amruth Rao, learned Assistant Government Pleader for Revenue appearing for respondents No.3 to 6.
2. This intra-court appeal is directed against the order dated 28.09.2022 passed by the learned Single Judge disposing of W.P.No.37786 of 2022 filed by respondents No.1 and 2 as the writ petitioners.
3. Respondents No.1 and 2 had filed the related writ petition seeking a direction to respondents No.3 to 6 to issue e-pass book to them in respect of lands in Survey No.320 to an extent of 2.07½ guntas situated at Mahadevpur Village, Kondurgu Mandal, Ranga Reddy 2 District (briefly, 'the subject land' hereinafter) as per the share allotted to them by the Tahsildar vide proceedings dated 06.08.2020.
4. After adverting to the facts narrated by respondents No.1 and 2, learned Single Judge noted that respondents No.1 and 2 had submitted a representation dated 26.05.2022 before the District Collector, Ranga Reddy District, but no decision was taken thereon. By the order dated 28.09.2022, learned Single Judge disposed of the writ petition by directing the District Collector, Ranga Reddy District to forthwith initiate action on the representation dated 26.05.2022 submitted by respondents No.1 and 2 and take appropriate action in accordance with law within a period of two months from the date of receipt of a copy of the said order.
5. Appellant was not arrayed as a party to the writ proceedings. However, learned counsel for the appellant submits that against the order dated 27.04.2022 dismissing C.R.P.No.1626 of 2021, appellant has preferred SLP (C) No.11976 of 2022 before the Supreme Court which 3 is pending. Appellant has a live claim to the subject land. In this regard, appellant has filed O.S.No.241 of 2019 pending on the file of learned Additional Junior Civil Judge, Shadnagar, wherein an injunction order has been granted in favour of the appellant. Had the appellant been made a party to the writ proceedings, she would have brought to the notice of the Court the relevant facts, in which event, Court may not have passed the order appealed against.
6. Be that as it may, we find that as per the order of the learned Single Judge, the District Collector of Ranga Reddy District has been directed to consider the representation of respondents No.1 and 2 dated 26.05.2022 and to take appropriate action thereon.
7. We are of the view that having regard to the grievance expressed by the appellant, it would meet the ends of justice if the District Collector also hears the appellant before taking any decision on the representation dated 26.05.2022 filed by respondents No.1 and 2. 4
8. Accordingly, we direct the District Collector, Ranga Reddy District, to put on notice both the appellant and respondents No.1 and 2 while deciding representation dated 26.05.2022 and thereafter pass appropriate order in accordance with law. Whatever order is passed, the same shall be communicated to both the parties. We make it clear that we have not expressed any opinion on merit and all contentions are left open.
9. Writ appeal is accordingly disposed of.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ N. TUKARAMJI, J 16.02.2023 vs