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Sirla Seshagigiri Rao, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 1273 AP

Citation : 2021 Latest Caselaw 1273 AP
Judgement Date : 2 March, 2021

Andhra Pradesh High Court - Amravati
Sirla Seshagigiri Rao, vs The State Of Andhra Pradesh, on 2 March, 2021
Bench: Ninala Jayasurya
        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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