Garika Yadagiri, vs The District Collector,
2022 Latest Caselaw 2965 Tel

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

                     WRIT APPEAL No.1090 OF 2013

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

        The present writ appeal is arising out of the order dated

13.08.2012          passed        by     the      learned       Single   Judge    in

W.P.No.12449 of 2012.

        The undisputed facts of the case reveal that the writ

petitioners (respondent Nos.8 to 11 in the present writ appeal)

have preferred the writ petition in the year 2012 being aggrieved

by the order dated 08.06.1989 passed by the Tahsildar,

Ghatkesar Mandal, in respect of land bearing Survey Nos.122,

124, 126 & 127 of Peerzadiguda Village, Ghatkesar Mandal,

Ranga Reddy District. Undisputedly, in respect of order of the

year 1989, the writ petition was preferred in the year 2012.

However, the learned Single Judge has disposed of the writ

petition with a liberty to prefer an appeal or revision and it has

also been observed that appeal/revision shall be entertained

without raising any objection as to the maintainability. The

appellants (respondent Nos.8 and 9 in the writ petition) have

stated before this Court that no such order could have been

passed condoning the delay of 23 years and directing the

revisional/appellate authority to decide the matter on merits. All

the issues, including the issue of limitation, should have been

left open.

Resultantly, the order passed by the learned Single Judge

is hereby modified. All legal grounds, including the ground of

maintainability, will be available to both the parties in case any

revision/appeal is preferred in the matter.

With the aforesaid, the writ appeal stands disposed of.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J

21.06.2022 JSU