Ambapuram Venkatesh vs Nathala Anji Reddy
2021 Latest Caselaw 2935 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                        AND
            THE HON'BLE SRI JUSTICE UJJAL BHUYAN


                    WRIT APPEAL No.138 of 2021

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




      The present Writ Appeal is arising out of order dated

06.10.2020 passed in W.P.No.16334 of 2020.

      The facts of the case reveal that respondent No.1 in the

present Writ Appeal has preferred a Writ Petition under Article 226

of the Constitution of India with a prayer that the Tahsildar is not

taking appropriate steps for mutating his name in the revenue

records in terms of the final decree passed in O.S.No.98 of 1988 by

the Junior Civil Judge, Gajwel. It was also stated by respondent

No.1/writ petitioner before the learned Single Judge that he is

entitled for certain benefits under the Rythu Bandhu Scheme.

The present appellants before this Court are aggrieved by the

orders passed by the learned Single Judge and their contention is

that partition took place in the matter and the wife of respondent

No.1, who was given a share by the Tahsildar, has sold her share

to the present appellants and, therefore, to that extent the order

passed by the learned Single Judge is bad in law.

At this stage, learned counsel for respondent No.1/writ

petitioner has stated before this Court that there is a serious

dispute between the husband and the wife and the Tahsildar has

passed an order of partition.

In the considered opinion of this Court, once a sale deed was

executed in favour of the present appellants, in all fairness, they

should be impleaded as respondents in the main Writ Petition.

Resultantly, the Writ Appeal is allowed and the order passed

by the learned Single Judge is hereby set aside. The matter is

remanded back to the learned Single Judge to decide the issue

afresh after hearing the present appellants as well as all parties,

who are parties to W.P.No.16334 of 2020. It is needless to mention

that respondent No.1/writ petitioner shall also be free to take

recourse to the remedies available under law for challenging the

order passed by the Tahsildar in respect of partition. The present

appellants shall be free to file an appropriate application for

impleadment in W.P.No.16334 of 2020 and the learned Single

Judge shall hear the present appellants as well as the respondents

on merits before passing a final order.

Office is directed to list the matter before the learned Single

Judge on 08.11.2021.

Pending miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ UJJAL BHUYAN, J 22.10.2021 ES