Smt R.Sunila vs Duggirala Leela Yugandhar Babu ...
2022 Latest Caselaw 4007 Tel

  THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

                            AND

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

       WRIT APPEAL Nos.489, 490 & 491 of 2022


COMMON JUDGMENT:        (Per the Hon'ble the Chief Justice Ujjal Bhuyan)



     Heard Mr. Vimal Varma Vasi Reddy, learned counsel

for the appellant; Mr. Madas Bharat Chandra, learned

counsel representing Mr. K.Kondala Rao, learned counsel

for respondent Nos.1 to 31; and Mr. Parsa Ananth

Nageshwar Rao, learned Government Pleader for Revenue

for respondent Nos.32 to 36.

2. W.A.No.489 of 2022 has been preferred against

order dated 31.03.2022 passed by the learned Single Judge

in I.A.No.2 of 2022 in W.P.No.14905 of 2022.

3. W.A.No.490 of 2022 has been preferred against

order dated 31.03.2022 passed by the learned Single Judge

in I.A.No.1 of 2022 in W.P.No.14905 of 2022.

2 HCJ & NVSKJ W.A.Nos.489, 490 & 491 of 2022

4. W.A.No.491 of 2022 has been preferred against

order dated 20.10.2021 passed by the learned Single Judge

in I.A.No.1 of 2021 in W.P.No.17550 of 2021.

5. Order dated 31.03.2022 passed by the learned

Single Judge in I.A.Nos.1 & 2 of 2022 in W.P.No.14905 of

2022 reads as under:

"The learned counsel for petitioners submits that in similar circumstances, this Court passed interim order dated 20.10.2021 in I.A.No.1 of 2021 in W.P.No.17550 of 2021.

Hence, there shall be interim direction to the Respondent Nos.1 and 2 to forthwith implement the orders passed by the appellate authority as well as revisional authority in proceedings of the 3rd respondent in Case No.Al/206/2014 dated 21.4.2016 and the order of the 4th respondent in Proceedings No.D5/5188/98 dated 24.9.1999 respectively.

The Respondents Nos.1 and 2 shall implement the above orders within a period of six weeks from the date of receipt of a copy of this order.

Counter if any to be filed by the next date of hearing. Post on 8.6.2022."

6. From the above, we find that learned Single

Judge has followed order passed by this Court dated 3 HCJ & NVSKJ W.A.Nos.489, 490 & 491 of 2022

20.10.2021 in I.A.No.1 of 2021 in W.P.No.17550 of 2021

passed in similar circumstances. Order dated 20.10.2021

reads as follows:

"A perusal of the impugned common order dated 07.07.2021 shows that the petitioners have made applications before the Tahsildar, Shamirpet, seeking mutation of the subject land in their favour on the basis of the sale deeds executed in the year 1965, and also the orders of the Revenue Divisional Officer in File No.A2/ 6004/1997 to A.2/6013/1997, dated 30.04.1998, and File No.A2/206/2014, dated 21.05.2016, and the order of the Joint Collector in File No.D5/5188/2014, dated 24.05.1999. Even before passing of the orders by the Tahsildar, the cases were transferred to the Special Tribunal constituted under the provisions of the Telangana Rights in Land and Pattadar Passbook Act, 2020 read with G.O.Ms.No.4, Revenue (Assignment-I) Department, dated 12.01.2021. However, the Special Tribunal, without adverting to the orders of the Revenue Divisional Officer dated 30.04.1998 and the order of the Joint Collector dated 24.05.1999, has dismissed the cases.

Heard Sri Vedula Venkata Ramana, the learned Senior Counsel appearing on behalf of Sri D.B. Chaitanya, the learned counsel for the petitioners, and the learned Government Pleader for Revenue.

The question as to whether the Special Tribunal has jurisdiction to withdraw the cases pending before the 4 HCJ & NVSKJ W.A.Nos.489, 490 & 491 of 2022

Tahsildar or not has to be gone into after filing of the counter and at the time of deciding the main writ petition.

Having regard to the fact that the orders of the Revenue Divisional Officer as well as the Joint Collector have become final, the respondent No.2 is directed to consider the application of the petitioners for grant of mutation in their favour, strictly in accordance with law. It is needless to mention that before passing any orders, the respondent No.2

- Tahsildar, Shamirpet Mandal, shall put all the parties, whose names are reflected in the Revenue Records, as on date, on notice, and give them an opportunity of filing their objections, and also afford them an opportunity of hearing.

Post on 30.12.2021."

7. We do not find any error or infirmity in the

direction of the learned Single Judge. The appellate order is

dated 24.09.1999 i.e., passed 23 years ago. The revisional

order is dated 21.04.2016, six years ago. All that the

learned Single Judge has done is to direct the concerned

Tahsildar and the Revenue Divisional Officer to implement

the appellate order as well as the revisional order which

appears to have attained finality by efflux of time. In the

order dated 20.10.2021, learned Single Judge has directed

the revenue authority to consider grant of mutation in 5 HCJ & NVSKJ W.A.Nos.489, 490 & 491 of 2022

accordance with law after giving notice and opportunity of

hearing to all the parties.

8. That apart, we find that the related writ petitions

are pending before the learned Single Judge. If the

appellant considers herself to be a proper or necessary

party, she may file application before the learned Single

Judge for her impleadment. However, we do not find any

good reason to entertain the appeals.

9. Writ Appeals are accordingly dismissed.

However, there shall be no order as to costs.

10. As a sequel, miscellaneous applications pending,

if any, in these Writ Appeals, shall stand closed.

_________________________ UJJAL BHUYAN, CJ

___________________________ N.V.SHRAVAN KUMAR, J Date: 01.08.2022 KL