THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.939 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. M.Damodar Reddy, learned counsel for the
appellant.
Mr. V.V.Narasimha Rao, learned counsel for respondent
No.4.
2. This intra court appeal is filed against an order
dated 07.08.2023 passed in W.P.No.21929 of 2009 by
learned Single Judge, by which writ petition preferred by the
appellant has been dismissed.
3. Facts
giving rise to filing of this appeal briefly stated are that a decree was passed in favour of the original decree holder in respect of the subject property on 31.03.1972. The original decree holder was alive till 1980. However, no steps were taken for execution of the aforesaid decree. The limitation for execution of the aforesaid decree ::2::
expired on 30.03.1984. Thereafter, respondent No.3 claiming to be an adopted son of a decree holder filed an application seeking correction of the entries made in the revenue records.
4. The Tahsildar by an order dated 30.07.2009 directed the correction of entry in the revenue records in the name of respondent No.3. The appellant challenged the aforesaid order in a writ petition which has been dismissed by the learned Single Judge. In the aforesaid factual background, this appeal arises for consideration.
5. Learned counsel for the appellant fairly submitted that against the aforesaid order, an appeal lies under the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 2020. It is further submitted that the appellant be granted the liberty to file an appeal against the order dated 30.07.2009 and the appellate authority be directed to decide the appeal which may be preferred by the appellant expeditiously.
6. In view of aforesaid submission and taking into account the fact that the appellant has an alternative ::3::
efficacious remedy of filing an appeal before the appellate authority under the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 2020, the writ appeal is disposed of with the liberty to the appellant to take recourse to the remedy of appeal which may be available to him in law. Needless to state that in case such an appeal is filed along with an application for stay, the appellate authority after affording an opportunity of hearing to all necessary parties shall decide the appeal expeditiously without being influenced by the observations contained in the order dated 07.08.2023 passed by learned Single Judge in W.P.No.21929 of 2009.
As a sequel, miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs.
_______________________________ ALOK ARADHE, CJ _______________________________ N.V.SHRAVAN KUMAR, J Date: 27.09.2023 KL