Telangana High Court
T. Anil Singh vs The State Of Telangana And 5 Others on 6 December, 2022
Bench: Ujjal Bhuyan, C.V. Bhaskar Reddy
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No.795 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. Madhusudan Reddy Gavinolla, learned
counsel for the appellant and Mr. Vinay Reddy, learned
counsel representing Mr. B.Bal Reddy, learned counsel for
respondent Nos.5 & 6/writ petitioners. Also heard
Mr. T.Srikanth Reddy, learned Government Pleader for
Revenue for respondent Nos.1 to 4.
2. This writ appeal is directed against the order
dated 29.10.2022 passed by the learned Single Judge
disposing of Writ Petition No.39843 of 2022 filed by
respondent Nos.5 & 6 as the writ petitioners.
3. Respondent Nos.5 & 6 had filed the related writ
petition seeking a direction to respondent Nos.2 to 4 for
taking steps for mutation of their names in Dharani portal
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and also for issuance of new Dharani passbooks in respect
of land to the extent of Ac. 2.24 guntas out of Ac. 10.14
guntas in Survey No.28, situated at Peerzadiguda Village,
Medipally Mandal in Medchal-Malkajgiri District ('subject
land' hereinafter) pursuant to their applications vide
application Nos.LM2100052903 and LM2100057621.
4. Before the learned Single Judge, learned
Assistant Government Pleader for Revenue submitted that
District Collector, Medchal-Malkajgiri District would
consider the online applications of respondent Nos.5 & 6.
It was thereafter that learned Single Judge disposed of the
writ petition in the following manner:
"6. In view of the said discussion,
this Writ Petition is disposed of, directing
the 3rd respondent to consider the online
application Nos.LM2100052903 and
LM2100057621, submitted by the
petitioners and pass appropriate orders in
accordance with law by putting the
petitioners and all effected parties on notice
and affording them an opportunity of
hearing. If, the 3rd respondent is not
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inclined to accept the claim made by the
petitioners, he shall assign specific reasons
and pass a reasoned order, communicate
copy of the said order to the petitioners and
complete the said exercise within a period
of eight (08) weeks from the date of receipt
of a copy of this order. There shall be no
order as to costs."
5. Learned counsel for the appellant submits that
appellant and respondent Nos.5 & 6 belong to the same
family. There is a family dispute as regards the subject
land, in respect of which civil litigation is pending at the
appellate stage. Suppressing this fact, the related writ
petition was filed.
6. After hearing learned counsel for the parties
and on due consideration, we are of the view that learned
Single Judge had taken care to ensure that no prejudice is
caused to any person. Learned Single Judge only directed
the District Collector to consider the two online
applications of respondent Nos.5 & 6 in accordance with
law by putting respondent Nos.5 & 6 and all affected
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parties on notice and after affording them opportunity of
hearing. 3rd respondent was directed to pass a reasoned
order thereafter and to communicate the same to
respondent Nos.5 & 6.
7. We make it clear that appellant Sri T.Anil Singh
shall also be heard by the District Collector, Medchal-
Malkajgiri District, while considering the two online
applications of respondent Nos.5 & 6. It will be open to the
appellant to raise all possible grounds in objection to the
said applications, which shall be heard and decided by the
3rd respondent in accordance with law and after giving due
opportunity of hearing to all the stake holders. Whatever
decision is taken by the 3rd respondent, the same shall be
communicated to all the parties. We make it clear that we
have not expressed any opinion on merit and all
contentions are kept open.
8. This disposes of the Writ Appeal. However,
there shall be no order as to costs.
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9. As a sequel, miscellaneous applications
pending, if any, in this Writ Appeal, shall stand closed.
___________________________
UJJAL BHUYAN, CJ
___________________________
C.V.BHASKAR REDDY, J
Date: 06.12.2022
KL
