THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
Writ Appeal No.951 of 2023
JUDGMENT: (Per Hon'ble Sri Justice Abhinand Kumar Shavili)
Aggrieved by the interlocutory orders dated
11.09.2023 in W.P.No.25111 of 20023 passed by the
learned Single Judge, the present Writ Appeal is filed.
2. Heard Mr. Challa Gunaranjan, learned counsel
for the appellants and the learned Government Pleader
for Revenue appearing for respondent Nos.1 to 4 and
Mr. Mohammad Zubair Akran, learned counsel for the contesting respondents.
3. Learned counsel for the appellants contended that the appellants are the owners of agriculture land admeasuring Ac.3.20 gts in Sy.No.740/2, Ac.3.20 gts in Sy.No.739/AA2/2 and Ac.2.07 gts in Sy.No.739/AA/1/2 of Korremula village, Ghatkesar Mandal, the then Ranga Reddy District (now Medhcal- Malkajgiri District). The appellants have submitted an application before the Revenue Divisional Officer to ::2:: AKS,J & RRN,J wa_951_2023 mutate all their names and the Revenue Divisional Officer was pleased to mutate the names of the appellants in the Revenue records. Thereafter, the contesting respondents have filed W.P.No.25111 of 2022 contending that the Revenue Divisional Officer has erroneously entered the names of the appellants in Revenue Records and they were claiming ownership of 200 sq.yds of land situated in Sy.No.743 and they have also submitted an application to mutate the names in their Revenue Records, and as such, without giving any opportunity to the contesting respondents, they have filed the subject writ petition before this Court and the learned Single Judge at the admission stage itself was pleased to grant interim directions in favour of the contenting respondents by directing the appellants not to interfere with the peaceful possession and enjoyment of contesting respondents' land admeasuring Ac.3.20 gts in Sy.No.740/2, Ac. 3.20 in Sy.No.739/AA2/2 & Ac.2.07 in Sy.No.739/AA/1/2. The learned single Judge has mechanically granted the interim directions in favour of the contesting ::3:: AKS,J & RRN,J wa_951_2023 respondents without appreciating the fact that the contesting respondents were claiming their land in Sy.No.743. But the learned Single Judge has passed interim directions in respect of Sy.No.740/2, Sy.739/AA/2. Admittedly, the land in Sy.No.740/2 and Sy.No.739/AA/2 & Sy.No.739/AA/1/2 belongs to the appellants and the learned Single Judge has granted relief more than what the contesting respondents were seeking. Therefore, appropriate orders be passed in the writ appeal by confining the interim directions in respect of Sy.No.743 as being claimed by the contesting respondents and modify the interim orders in respect of Sy.No.740/2 and Sy.No.739/AA/2 & Sy.No.739/AA/1/2 which belongs to the appellants.
4. On the other hand, learned counsel for contesting respondents contended that the appellants have got their names mutated in the Revenue Records, even though, the claim of the contesting respondents was pending before the Revenue Divisional Officer and the ::4:: AKS,J & RRN,J wa_951_2023 Revenue Officer without giving any opportunity to the contesting respondents had mutated the names of the appellants. Aggrieved by the same, the contesting respondents have approached this court and the learned Single Judge was justified in granting interim directions in favour of the contesting respondents. Therefore, there are no merits in the writ appeal and the same is liable to be dismissed.
5. This Court having considered the rival submissions made by the parties is of the view that the contesting respondents were claiming interlocutory relief in I.A.No.1 of 2023 in respect of Sy.No.743, but the learned Single Judge had granted interim directions in respect of Sy.No./740/2 and Sy.No.739/AA/2 & Sy.No.739/AA/1/2. Therefore, the learned Single Judge was not justified in granting interim directions in respect of Sy.No.740/2 and Sy.No.739/AA/2 & Sy.No.739/AA/1/2. Therefore, the interim orders passed by the learned single Judge are modified confining the relief of the contesting ::5:: AKS,J & RRN,J wa_951_2023 respondents only to the Sy.No.743 as was being claimed in the interlocutory application submitted by the contesting respondents.
6. With the above said observations, the Writ Appeal is disposed of, however, it is made clear that the appellants shall file counter in the main case and the learned Single Judge will consider afresh the exparte interim orders which were grated on 11.09.2023 as expeditiously as possible. No costs.
7. As a sequel, miscellaneous applications pending if any, shall stand closed.
__________________________________ ABHINAND KUMAR SHAVILI, J __________________________________ NAMAVARAPU RAJESHWAR RAO __ Date: 06.10.2023 prat ::6:: AKS,J & RRN,J wa_951_2023 141 THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO Writ Appeal No.951 of 2023 Date: 06.10.2023 prat