THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
I.A.Nos.1, 2 and 3 of 2023
in/and
WRIT APPEAL No.256 of 2023
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. A.Ganesh Raj, learned counsel for the
appellant.
2. I.A.No.1 of 2023 has been filed by the appellant
seeking leave to file the related writ appeal.
3. I.A.No.2 of 2023 has been filed by the appellant
to condone the delay of 1310 days in filing the related writ
appeal.
4. I.A.No.3 of 2023 has been filed by the appellant
to dispense with filing of the certified copy of the order
dated 24.04.2019 in W.P.No.6661 of 2019.
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5. This appeal is directed against the order dated
24.04.2019 passed by the learned Single Judge in Writ
Petition No.6661 of 2019.
6. We may mention that against the aforesaid
order dated 24.04.2019, Writ Appeal No.174 of 2023 was
filed by Mr. Vojjela Vishnuvardhan along with leave
application and delay condonation petition.
7. This Court by order dated 07.02.2023 declined
to grant leave as well as declined to condone the delay and
thereafter dismissed the writ appeal.
8. Order dated 07.02.2023 reads as follows:
"2. I.A.No.1 of 2023 has been filed by the appellants
seeking leave to file the related writ appeal.
3. I.A.No.2 of 2023 has been filed to condone the
delay of 1350 days in filing the related writ appeal.
4. Writ Appeal is directed against the order dated
24.04.2019 passed by the learned Single Judge disposing of
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W.A.No.256 of 2023
W.P.No.6661 of 2019 filed by respondent No.1 as the writ
petitioner.
5. Order of the learned Single Judge dated 24.04.2019 reads as under:
This writ petition, filed under Article 226 of the Constitution of India, seeks to declare the inaction of the Respondents 1 and 2 in considering and disposing of the representation of the Petitioner dated 14.02.2019 for implementing the decree and judgment in O.S.No.280 of 2007, dated 06.05.2008, passed by the Junior Civil Judge, Ranga Reddy District at Medchal in the Register Books, E.C etc., of the Respondent No.1 as bad in law and violative of Rule 26 (k) (i) of Andhra Pradesh Rules under the Registration Act 1908 and consequently, direct the Respondents 1 and 2, to consider and dispose of the representation of the Petitioner dated 14.02.2019 for implementing the decree and judgment in O.S.No.280 of 2007, dated 06.05.2008, passed by the Junior Civil Judge, Ranga Reddy District at Medchal, in the Register Books, E.C etc., of the Sub-Registrar, Quthbullapur/Respondent No.1.
2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for 4 HCJ & NTRJ W.A.No.256 of 2023 Revenue representing respondents 1 to 5 and perused the record.
3. It has been contended by the learned counsel for the petitioner that the petitioner filed representation on 14.02.2019 before the respondents 1 and 2 to incorporate in the Register/Books the outcome of the Judgment and decree in O.S.No.280 of 2007, dated 06.05.2008, passed by the learned Junior Civil Judge, Ranga Reddy District at Medchal. However, no action has been taken by the respondents 1 and 2.
4. As per the submissions made by both the sides and the material placed on record, it is seen that there is no denial of the petitioner submitting a representation dated 14.02.2019 to the Sub-Registrar, Medchal, Medchal Malkajgiri District/respondent No.2 herein to incorporate the decision rendered by the learned Junior Civil Judge, Ranga Reddy District at Medchal in O.S.No.280 of 2007, dated 06.05.2008 in the relevant books including E.C, etc., maintained by the Sub-Registrar, Quthbullapur, Medchal Malkajgiri District/respondent No.1.
5. In the course of submissions, it is not substantiated by the learned Assistant Government Pleader for Revenue that any action is being taken on the representation dated 14.02.2019. When an application is filed before the authorities to take some 5 HCJ & NTRJ W.A.No.256 of 2023 action, the same is required to be disposed of in terms of governing regulations.
6. Under these circumstances, the respondents 1 and 2 are directed to dispose of the representation dated 14.02.2019, submitted by the petitioner, within a period of three months from the date of receipt of copy of this order.
7. Accordingly, the writ petition is disposed of. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. No order as to costs.
6. Though a view may be taken that proceedings under Article 226 of the Constitution of India cannot be converted into execution proceedings, nonetheless from a careful perusal of the order of the learned Single Judge what is discernible is that learned Single Judge has directed the Sub-Registrars (respondents No.1 and 2 in the writ petition) to consider the representation dated 14.02.2019 of respondent No.1 (writ petitioner). The representation was submitted in the backdrop of the facts narrated by the learned Single Judge in paragraphs 3 and 4 supra.
7. Learned counsel for the appellants submits that appellants had purchased the land in question; following 6 HCJ & NTRJ W.A.No.256 of 2023 the aforesaid decision of the learned Single Judge, respondent No.1 has filed a contempt case; and out of fear of contempt, respondents No.2 and 3 (Sub-Registrars) have removed the names of the appellants from the land register to incorporate the name of respondent No.1.
8. If the appellants are aggrieved by any such action of the authorities, it is open to them to avail their remedy in accordance with law, but we see no good reason to interfere with the direction of the learned Single Judge as contained in the order dated 24.04.2019 passed in W.P.No.6661 of 2019.
9. Therefore, we decline to grant leave to the appellants to file the related writ appeal and to condone the delay of 1350 days in filing the same. I.A.Nos.2 of 2023 and 3 of 2023 are accordingly dismissed.
10. Consequently, the Writ Appeal is dismissed. No costs."
9. In view of above, the Writ Appeal along with the interlocutory applications i.e., I.A.Nos.1, 2 and 3 of 2023 are dismissed. However, there shall be no order as to costs.
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10. As a sequel, miscellaneous applications
pending, if any, in this Writ Appeal, shall stand closed.
_______________________ UJJAL BHUYAN, CJ _______________________ N.TUKARAMJI, J Date: 17.03.2023 KL