Telangana High Court
Kodicherla Anjalaiah And 15 ... vs State Of Telangana And 5 Others on 4 July, 2022
Bench: Ujjal Bhuyan, Surepalli Nanda
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT APPEAL No.250 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. K.Jayakumar, learned counsel for the
appellants; Mr. Parsa Ananth Nageswar Rao, learned
Assistant Government Pleader for Revenue appearing for
respondents 1 to 4; and Ms. B.Rachna, learned counsel for
respondents No.5 and 6.
2. Appellants, as the writ petitioners, have filed
W.P.No.14688 of 2019 for quashing of order dated
27.04.2019 passed by the Joint Collector, Vikarabad
District. An interlocutory application was also filed by the
appellants as the writ petitioners, being I.A.No.1 of 2019,
for stay of order dated 27.04.2019. Learned Single Judge
by the order dated 17.07.2019 directed both the parties to
maintain status quo. I.A.No.2 of 2019 was filed by
respondents No.5 and 6 for vacating the status quo order
dated 17.07.2019 in I.A.No.1 of 2019.
3. After adverting to the rival submissions, learned
Single Judge vacated the status quo order dated
17.07.2019 by the impugned order dated 10.02.2020.
Relevant portion of the order dated 10.02.2020 reads as
under:
"In this case, it is to be seen that the writ
petitioners filed an application before the RDO for
cancellation of pattadar pass books and title deeds,
which was allowed on 04.09.2017 setting aside the
proceedings issued in on 13.02.2009. The RDO also
did not accept the contention of the writ petitioners
that the subject land is a government land. Basing on
the pahanies, he held that one Syed Ahmed is the
pattadar. However, he allowed the appeal, which was
set aside by the Joint Collector, by impugned
proceedings. As rightly contended by the learned
counsel for the unofficial respondents that when once
the subject land is a patta land, there is no locus
standi of the petitioners in filing the application before
the RDO. Moreover, RDO has no power to cancel the
pattadar pass books and title deeds as held by this
Court in the case of Kuruva Hanumapthamma vs.
State of Andhra Pradesh, rep. by its Principal
Secretary, State of A.P, in WP No.10122 of 2016,
dated 11.10.2017. Even the Joint Collector held that
the subject land is not a government land, but it is a
patta land. The Joint Collector, basing on the
documentary evidence, found that there is no evidence
to show that the subject land is a government land
and the petitioners have not produced any evidence in
support of their claims. That apart, the petitioners
have not produced any document to show that the
subject land is a government land, stating about the
order in WP No.299l of 1980. The petitioners have also
not filed single document to show that they are in
possession of the subject land. Though they have filed
some receipts, the same were disbelieved by the Joint
Collector stating that they do not contain any survey
numbers.
In view of above facts and circumstances, I do
not see any reason to continue the interim order
granted on 17.07.2019 and same is hereby vacated."
4. Without expressing any opinion on merit, we are of
the view that the writ appeal has been preferred against an
interlocutory order vacating the earlier status quo order.
The related writ petition is still pending.
5. In the circumstances, we feel that it would be in the
interest of justice if the writ petition is heard at an early
date, rather than parallelly continuing with the writ appeal.
6. That being the position, we request the learned Single
Judge to take up W.P.No.14688 of 2019 for hearing at an
early date.
7. Subject to the above, writ appeal is dismissed.
8. Miscellaneous applications pending, if any, shall
stand closed. However, there shall be no order as to costs.
______________________________________
UJJAL BHUYAN, CJ
______________________________________
SUREPALLI NANDA, J
04.07.2022
vs
