Citation : 2022 Latest Caselaw 353 Tel
Judgement Date : 31 January, 2022
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL No.155 OF 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
05.02.2020
passed by the learned Single Judge in W.P.No.2330 of
2020.
The undisputed facts of the case reveal that the appellant
before this Court, as stated by him, is the owner of land in Survey
No.7LU, to an extent of Ac.1.00, situated at Tandra Village,
Kalwakurthy Mandal, Nagarkurnool District and the writ petition
was preferred by Bandari Satish stating that a sale deed was
executed in his favour and he has submitted an application on
10.07.2019 in Form-6A of the A.P.Rights in land and Pattadar
Passbooks Act, 1971 for mutation. A prayer was made before the
learned Single Judge to direct the Tahsildar to pass appropriate
order in accordance with law.
Learned counsel for the appellant has argued before this
Court that he is, in fact, the owner of the subject property and at
no point of time, the property was sold by him and he has also filed
a Civil Suit in O.S.No.225 of 2019 and therefore, he was a
necessary party.
This Court has carefully gone through the impugned order
passed by the learned Single Judge. The learned Single Judge has
simply directed the Tahsildar to pass appropriate order on the
application submitted by the writ petitioner, namely Bandari
Satish.
Resultantly, without adverting to the merits of the case, the
present writ appeal stands disposed of with a direction to the
Tahsildar to hear all the necessary parties, including the present
appellant, while passing a final order in the matter.
Pending miscellaneous applications, if any, shall stand
closed. There shall be no order as to costs.
________________________ SATISH CHANDRA SHARMA, CJ
_______________________ ABHINAND KUMAR SHAVILI, J
31.01.2022 JSU
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