Citation : 2021 Latest Caselaw 1273 AP
Judgement Date : 2 March, 2021
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.3490 OF 2021
ORDER:
Heard the learned counsel for the petitioner and learned
Assistant Government Pleader for Revenue appearing for the
respondents. With their consent, the writ petition is being
disposed of, at the stage of admission.
2. In the present case, pursuant to a representation made by
some third parties to the fourth respondent, an endorsement
dated 21.11.2016 was issued to the effect that the parties may
approach the competent Civil Court and after obtaining the
decree / judgment they may approach the Revenue Authority
concerned along with a certified copy of the Civil Court Decree so
that the same would be implemented. Against the said
endorsement, the matter was carried to the third respondent and
entertaining the same, notices were issued to the petitioner
including the notice dated 27.7.2017 calling upon him to submit
the relevant documents for the purpose of resolving the issue.
Thereafter, it appears that no further action has been taken and
the matter is kept pending.
3. Learned counsel for the petitioner submits that the third
respondent has no jurisdiction to entertain appeal / complaint
against the endorsement of the fourth respondent dated
21.11.2016 and though an explanation was submitted by the
petitioner on 12.8.2017 to the notice of the third respondent
dated 27.7.2017, without considering the same a direction was
issued on 28.11.2017 to place the subject matter property in the
Disputes Register. Learned counsel further submits that in view
of the pendency of the proceedings i.e., complaint / appeal
against the endorsement dated 21.11.2016 and placing the
property in the Disputes Register without finalizing the appeal /
complaint, the rights of the petitioner are seriously affected.
Under the said circumstances, learned counsel seeks appropriate
directions to the third respondent to dispose of the complaint /
appeal referred to above within a time-frame so that the grievance
of the petitioner would be mitigated. Learned Assistant
Government Pleader fairly accepted the submission made by the
learned Assistant Government Pleader for disposal of the matter
pending before the third respondent.
4. Accordingly, this Court without going into merits of the
case, is inclined to dispose of the writ petition with a direction to
the third respondent to take up the complaint / appeal filed
against the endorsement dated 21.11.2016 issued by the fourth
respondent and pass appropriate orders thereon strictly in
accordance with law after giving due opportunity to the
complainant within a period of eight weeks from the date of
receipt of a copy of this order.
5. With the above direction, the writ petition is disposed of.
There shall be no order as to costs. As a sequel, miscellaneous
petitions pending, if any, shall stand closed.
_________________________ NINALA JAYASURYA, J March 02, 2021.
vasu
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