Citation : 2022 Latest Caselaw 1686 Tel
Judgement Date : 31 March, 2022
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL No.411 OF 2017
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
23.01.2017 passed by the learned Single Judge in
W.P.No.39641 of 2016.
The undisputed facts of the case reveal that the writ
petition was preferred by the appellant No.1/writ petitioner,
who died during the pendency of the present appeal and whose
legal representatives were brought on record as appellant
Nos.2 and 3, being aggrieved by the order of the Joint Collector-
II, Ranga Reddy District, dated 29.09.2016, wherein the Joint
Collector has allowed the revision filed by the respondent Nos.5
and 6 under Section 9 of the Andhra Pradesh Rights in Land
and Pattadar Pass Books Act, 1971 (for short "the Act of 1971").
The revision was arising out of the order dated 28.11.2015
passed by the Special Grade Deputy Collector & Revenue
Divisional Officer, Rajender Nagar Division, directing the parties
to approach Civil Court for declaration of title. The facts further
reveal that there was a serious land dispute between the writ
petitioner and respondent Nos.5 and 6 and in those
circumstances, keeping in view the disputed questions of facts,
the learned Single Judge has not interfered with the order
passed by the Joint Collector-II, Ranga Reddy District
(revisional authority under the Act of 1971). The learned Single
Judge, after holding that complicated questions of title are
involved, has granted a liberty to the parties to approach the
Civil Court.
This Court also does not find any reason to interfere with
the order passed by the learned Single Judge and the parties
shall certainly be at liberty to approach the Civil Court claiming
title and other declarations.
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
31.03.2022 JSU
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