Dantuluri Avinash vs The State Of Telangana
2022 Latest Caselaw 3795 Tel

  THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

                                AND

 THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

              WRIT APPEAL No.420 of 2022


JUDGMENT:     (Per the Hon'ble the Chief Justice Ujjal Bhuyan)



     Heard Mr. Vedula Venkataramana, learned Senior

Counsel for the appellants and Mr. Harender Pershad,

learned Special Government Pleader attached to the office

of learned Advocate General for the respondents.

2. This intra-court appeal has been preferred

against the restraint imposed by the learned Single Judge

on the appellants for further alienation of the subject land

vide interim order dated 21.04.2022 passed in I.A.No.1 of

2022 in W.P.No.6844 of 2022.

3. Appellants are the writ petitioners. They have

filed the writ petition seeking a direction to the registering

authorities i.e., respondent Nos.3 to 6 to register the sale 2 HCJ & SNJ W.A.No.420 of 2022

deeds concerning the subject land and thereafter to release

the same pending disposal of the writ petition.

4. By the order dated 21.04.2022 learned Single

Judge referred to the subject Laoni Rules framed under

Section 171 of the Andhra Pradesh (Telangana Area) Land

Revenue Act, 1317 Fasli as well as a decision of this Court

in Dasari Narayana Rao v. Deputy Collector1. On due

consideration, learned Single Judge opined that a prima

facie case for interim order was made out and accordingly

interim directions were issued to the respondents to

register the pending sale deeds concerning the subject land

and thereafter to release the same to the appellants.

However, such registration would be provisional being

subject to outcome of the writ petition. Appellants have

been directed not to make further alienations without

permission of the Court.

1   2010 (4) ALT 655
                               3                     HCJ & SNJ
                                            W.A.No.420 of 2022

3. After hearing learned counsel for the parties

and on due consideration, we are not inclined to interfere

with the restraint order passed by the learned Single

Judge. The related writ petition is still pending for hearing.

That apart learned Single Judge has granted the interim

relief as sought for by the petitioners. The restraint order

has been made only to ensure that no third party rights are

created during pendency of the writ petition and there is no

further complications having regard to the provisions of the

subject Laoni Rules. If the appellants are aggrieved by the

aforesaid restraint order, they would be at liberty to make

any application before the learned Single Judge. In any

view of the matter and as we have been informed that

pleadings are complete, a request may be made to the

learned Single Judge to hear and decide the related writ

petition expeditiously.

4. Subject to the observations made above, Writ

Appeal is dismissed. However, there shall be no order as to

costs.

                                4                      HCJ & SNJ
                                              W.A.No.420 of 2022




     5.    As    a   sequel,       miscellaneous   applications

pending, if any, in the Writ Appeal, shall stand closed.

_________________________ UJJAL BHUYAN, CJ

_________________________ SUREPALLI NANDA, J

Date: 20.07.2022 KL