Aljapur Ganga Mohan And 7 Others vs The State Of Telangana And 2 Others
2021 Latest Caselaw 4057 Tel

Citation : 2021 Latest Caselaw 4057 Tel
Judgement Date : 1 December, 2021

Telangana High Court

Aljapur Ganga Mohan And 7 Others vs The State Of Telangana And 2 Others on 1 December, 2021

Bench: Satish Chandra Sharma, N.Tukaramji

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                              AND
               THE HON'BLE SRI JUSTICE N. TUKARAMJI

                                W.A.No.857 of 2019


JUDGMENT:       (Per the Hon'ble the Chief Justice Satish Chandra Sharma)



        The present writ appeal is arising out of the order dated

18.09.2019 passed by the learned Single Judge in W.P.No.20194 of

2019.

        The undisputed facts of the case reveal that respondent No.3

before this court has preferred the writ petition for issuance of a

direction to the respondent authorities to consider her application

for survey and demarcation of the land in question. The learned

Single Judge has directed the respondent authorities to survey and

demarcate the land.

Respondent No.3 before this court has not impleaded the

present appellants in the writ petition, even though there was a

writ petition i.e., W.P.No.16678 of 2019 decided by this court on

06.08.2019 between the same parties in respect of the same land.

The appellants and respondent No.1 were parties to the said writ

petition, which was in respect of the same land, and an order of

status quo has been granted by the learned Single Judge till the

matter is decided by the Revenue Divisional Officer.

In the considered opinion of this court, there is a serious

wilful suppression of fact on the part of respondent No.3 in the

matter. There is already an order dated 06.08.2019 passed by this

court in W.P.No.16678 of 2019 and the same reads as under:-

"Heard learned counsel for the petitioners and learned Government Pleader for Transport.

2. This writ petition is filed challenging the decision of the Tahsildar, dated 17.06.2019, wherein the Tahsildar declared the purchase made by Smt.Aljapur Rambai as null and void and cancelled the illegal transfer of the assigned land and issued directions to restore possession and correct the revenue records and issue Pattadar pass books to the assignee. Aggrieved thereby, the petitioners preferred appeal to the Revenue Divisional Officer along with an application to grant stay of the said order.

3. Learned counsel for the petitioners submitted that while the appeal preferred by the petitioners is pending consideration, the official respondents are trying to dispossess the petitioners. The petitioners are in possession of the property from a long time and in fact, there was a settlement between the petitioners and the assignee and in terms thereof, the property is vested with the petitioners and hence, the petitioners cannot be evicted.

4. Per contra, learned counsel appearing for the 5th respondent submits that in compliance of the orders passed by the Tahsildar, possession is restored to the 5th respondent and that she is in possession of the property.

5. Learned counsel for the petitioners submitted that against the orders of the Tahsildar, appeal is already preferred along with an application to grant interim suspension before the 3rd respondent and the same are pending and that the 3rd respondent may be directed to dispose of the said application.

6. Having regard to the above, the writ petition is disposed of leaving it open to the petitioners to pursue the pending appeal and the 3rd respondent - Revenue Divisional Officer is directed to consider the application to grant stay and pass appropriate orders after giving opportunity to the petitioners and the unofficial respondent, within a period of two (2) weeks from the date of receipt of a copy of this order. Till the orders are passed by the 3rd respondent - Revenue Divisional Officer on the stay application, status quo as on today shall be maintained, provided appeal is received and pending. No order as to costs.