The Tahsildar, R.R. Dist. Another vs D.P. Srinivas, Secbad
2022 Latest Caselaw 31 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                             AND
        THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                             W.A.No.1132 of 2009

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



        The present writ appeal is arising out of the order dated

20.05.2009 passed by the learned Single Judge in W.P.No.10209 of

2009.

        The facts of the case reveal that the respondent No.1/writ

petitioner came up before this Court stating that the authorities

are not entertaining his application which he has filed in respect of

mutation and the learned Single Judge has disposed of the writ

petition with a direction to the respondents/State to consider the

application for mutation, keeping in view the documents filed by

the respondent No.1/writ petitioner and pass appropriate orders in

accordance with law.

Learned counsel appearing for the State Government has

stated before this Court that the land in question is part of

reserved forest and therefore, no mutation can be done. However,

the fact remains that the learned Single Judge has simply directed

the authorities to consider the application filed for mutation.

Resultantly, the present writ appeal stands disposed of with

a direction to the authorities to pass appropriate orders in

accordance with law, without being influenced by the findings of

fact arrived at by the learned Single Judge. As the application for

impleadment filed by the Forest Department has already been

allowed, the factum whether it is a forest land or not shall also be

looked into by the State Government while passing a detailed

order.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J

03.01.2022 JSU