THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITION No.37125 of 2021
ORDER :
This writ petition is filed aggrieved by the action of respondent
No.2 in not considering the representation of the petitioner dated
08.07.2021 for rectification of entries in the revenue records by
including the name of the petitioner and her sisters and for listing the
following lands in the prohibitory list :
An extent of Ac.03-16 gts. in Sy.No.83/A, Ac.2-09 gts. in Sy.No.85/B, Ac.6-12 gts. in Sy.No.90/A, Ac.02-09 in Sy.No.91/B, Ac.4-13 gts. in Sy.No.102/A, Ac.0-26 gts. in Sy.No.110/A, Ac.0-05 gts. in Sy.No.145/E, Ac.0-02½ gts. in Sy.No.147/B, Ac.0-04 gts. in Sy.No.149, Ac.0-03 gts. in Sy.No.154/A, Ac.0-08 gts. in Sy.No.154/A, Ac.0-05 gts. in Sy.No.157/E, Ac.0-05 gts. in Sy.No.158/E, Ac.0-24 gts. in Sy.No.159/E, Ac.0-04 gts. in Sy.No.194/B, Ac.0-28 gts. in Sy.No.167/A and Ac.0-14 gts. in Sy.No.167/B, totalling extent of Ac.21-27½ gts. of Chintakunta village shivar of Kothapalli Mandal of Karimnagar District.
2. Petitioner, along with her sister, has filed a suit in O.S.No.130
of 2009 before the Additional Senior Civil Judge, Karimnagar for
partition and separate possession. It is submitted by the learned
counsel for petitioner that on technical ground of non-joinder of
necessary parties, the suit was dismissed. Learned counsel for
petitioner refers to paragraph 19 of the said judgment and contends
that the defence of earlier partition pleaded by the defendants in the 2 BVR, J W.P.No.37125 of 2021
suit was negated by the trial Court. However, since the suit was
dismissed on technical ground, an appeal in A.S.No.1611 of 2018 was
filed by the petitioner and another before this Court, which is pending.
Taking advantage of this situation, the family members of the
petitioner are making attempts to create third party rights, as such, a
representation dated 08.07.2021 was submitted by the petitioner for
rectification of entries in the revenue records and for other reliefs.
3. In the above circumstances, without going into merits of the
claim of the petitioner, this writ petition is disposed of directing
respondent No.3 to act upon the representation of the petitioner, dated
08.07.2021 and pass appropriate orders in accordance with law by
issuing notices to all concerned, including the defendants in
O.S.No.130 of 2009 on the file of Additional Senior Civil Judge,
Karimnagar, and by giving reasonable opportunity to all the interested
parties. This exercise shall be completed within a period of Eight
weeks from the date of receipt of a copy of this order. There shall be
no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
______________________ B. VIJAYSEN REDDY, J Date: 03.01.2022
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