THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL Nos.304 and 320 of 2023
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. T. Sharath, learned counsel for the appellants.
Mr. P. Ram Prasad, learned Government Pleader for Social
Welfare for respondent Nos.1 and 2 in W.A.No.304 of 2023 and
for respondent Nos.1 to 4 in W.A.No.320 of 2023.
Mr. M. Muralikrishna, learned counsel appears on behalf of Mr. M.M.M. Srinivas, learned counsel for the unofficial respondent in both the appeals.
2. With the consent of the parties, the matters are heard finally.
3. These intra court appeals have been filed against common order dated 05.01.2023 passed by the learned Single Judge by which W.P.Nos.40600 of 2022 and 2470 of 2020 preferred by the appellants have been disposed of.
4. The grievance of the appellants is that initiation of proceedings by the Agent to Government (District Collector) in ::2::
respect of the subject land is without jurisdiction as the matter has already been adjudicated four times in their favour.
5. The appellants filed the writ petitions seeking a direction to the Agent to Government (District Collector) not to proceed further with the matter and to declare the proceedings dated 30.11.2019 as illegal and arbitrary as the subject matter has already been adjudicated in their favour on previous four occasions.
6. We have heard the learned counsel for the parties at length.
7. From a perusal of the record, it transpires that the issue involved in these writ appeals is that the Agent to Government (District Collector) has initiated proceedings which have already been adjudicated on previous four occasions in favour of the appellants.
8. In compliance with the order passed by the learned Single Judge, the appellants have already filed all the documents in support of their contention that the matter stands concluded in their favour in the previous round of litigation.
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9. In view of the aforesaid, the Agent to Government (District Collector) by taking into account the salutary principle of finality to the litigation shall decide the suit preferred by the unofficial respondent in these appeals after hearing the parties and considering the objections filed by the appellants along with relevant documents. The objections shall be filed within a period of three months from today.
10. To the aforesaid extent, the order passed by the learned Single Judge is modified.
11. Accordingly, the writ appeals are disposed of.
As a sequel, miscellaneous petitions, pending if any, stand closed.
____________________________ ALOK ARADHE, CJ ____________________________ N.V.SHRAVAN KUMAR, J Date: 15.11.2023 ES