Telangana High Court
Bokka Venkataiah Alias Venkatesh vs The District Collector And 4 ... on 27 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.862 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. V.Yadu Krishna Sainath, learned counsel for
the appellant and Mr. Rajagopallavan Tayi, learned counsel
for respondent Nos.4 & 5/writ petitioners. We have also
heard Dr. Juttukonda Vijaya Laxmi, learned Government
Pleader for Revenue representing respondent Nos.1, 2 & 3.
2. This appeal is directed against the order dated
02.09.2022 passed by the learned Single Judge disposing of
Writ Petition No.17001 of 2008 filed by respondent Nos.4 & 5
as the writ petitioners.
3. The related writ petition was filed in the year 2008
seeking a direction to the revenue authorities of Rajendra
Nagar Mandal in Ranga Reddy District not to evict/disposes
the writ petitioners from the schedule land admeasuring
Ac. 0.21 guntas in Survey No.96, situated at Upperpally
Village, Rajendra Nagar Mandal, Ranga Reddy District (briefly
referred to hereinafter as 'subject land'). Further prayer made
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W.A.No.862 of 2022
was for a direction to the Tahsildar to pass appropriate orders
on the application dated 20.06.2008 seeking regularization of
the subject land.
4. It appears that during the pendency of the writ
petition, respondent Nos.4 & 5, on the basis of order dated
10.09.2015 passed by this Court in PIL.No.517 of 2013, made
a representation dated 20.03.2022 to the revenue authorities
for regularization of the subject land.
5. At the time of hearing, learned Assistant
Government Pleader for Revenue submitted before the learned
Single Judge that the revenue authorities would consider the
representation of the petitioner.
6. We may mention that at the time of admission of
the writ petition, a status quo order was passed on
06.08.2008.
7. Learned Single Judge on due consideration
directed the revenue authorities of Rajendra Nagar Mandal in
Ranga Reddy District to consider the representation dated
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W.A.No.862 of 2022
20.03.2022 of respondent Nos.4 & 5 within eight (08) weeks
and till disposal of the representation to maintain status quo
as was directed earlier on 06.08.2008.
8. Learned counsel for the appellant submits that
appellant has a claim to the subject land as an orphan in
terms of extant Government policy. Therefore, respondent
Nos.4 & 5 ought to have arrayed appellant as a party to the
writ proceedings.
9. Though contentions have been raised by learned
counsel for the appellant and respondent Nos.4 & 5
pertaining to their respective claims, we are not inclined to go
into such contentious issues at this stage. Suffice it to say
that while considering the representation of respondent Nos.4
& 5, Tahsildar of Rajendra Nagar Mandal should also consider
the claim of the appellant.
10. Therefore, we modify the order of the learned
Single Judge dated 02.09.2022 and direct that Tahsildar of
Rajendra Nagar Mandal, Ranga Reddy District shall consider
the claims of both appellant and respondent Nos.4 & 5 as to
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W.A.No.862 of 2022
the subject land and thereafter pass an appropriate order in
accordance with law after putting the parties to notice and
after giving reasonable opportunity of hearing to both the
sides. The above exercise shall be carried out within a period
of eight (08) weeks from the date of receipt of a copy of this
order. Till such decision is rendered which shall be intimated
to all the stake holders, status quo as on 06.08.2008 shall be
maintained.
11. This disposes of the Writ Appeal. However, there
shall be no order as to costs.
12. As a sequel, miscellaneous applications pending, if
any, in this Writ Appeal, shall stand closed.
___________________________
UJJAL BHUYAN, CJ
___________________________
C.V.BHASKAR REDDY, J
Date: 27.12.2022
KL
