Telangana High Court
Sarasam Abharna Devi Alias ... vs Kasireddy Bhujender Reddy on 8 November, 2022
Bench: Ujjal Bhuyan, C.V. Bhaskar Reddy
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No.729 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. M.Saroj Reddy, learned counsel for the
appellants; Mr. Suresh Shiv Sagar, learned counsel for
respondent Nos.1 & 2/writ petitioners; Mr. Pasham Mohit,
learned counsel representing Mr. Pasham Krishna Reddy,
learned Government Pleader for Municipal Administration &
Urban Development Department for respondent No.3; and
Mr. P.Raja Sripathi Rao, learned Government Pleader for
Stamps and Registration for respondent Nos.4 to 6.
2. This appeal is directed against the order dated
12.10.2022 passed by the learned Single Judge disposing of
Writ Petition No.38202 of 2022 filed by respondent Nos.1 & 2
as the writ petitioners.
3. Respondent Nos.1 & 2 had filed the related writ
petition making a grievance that their application dated
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W.A.No.729 of 2022
24.09.2022 before the registration authorities not to grant
any permission in respect of land admeasuring Ac. 8.92
guntas covered by Survey Nos.71, 72, 73, 75, 94 & 96 and
land admeasuring Ac. 9.16 guntas covered by Survey Nos.85,
86, 92, 113 & 114, situated at Bachupally Village and
Mandal, Medchal-Malkajgiri District (subject property), as the
matter was sub judice before the Land Reforms Tribunal
under the Agricultural Lands Ceiling Act, 1960 in
C.C.Nos.1360/M/75, 1363/M/75, 1337/M/75 & 1348/M/
75.
4. It was submitted before the learned Single Judge
that during pendency of the above proceedings before the
Land Reforms Tribunal, appellants herein were making
attempts to execute registered documents in respect of the
subject property. To prevent this, respondent Nos.1 & 2 had
submitted application dated 24.09.2022 not to entertain any
registration in respect of the subject property at the instance
of the appellants.
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W.A.No.729 of 2022
5. By the order dated 12.10.2022, learned Single
Judge disposed of the writ petition by directing the Land
Reforms Tribunal to consider the application of respondent
Nos.1 & 2 not to entertain any registration in respect of the
subject property and to pass appropriate order thereon within
two weeks.
6. Admittedly, from the narration of facts projected
by respondent Nos.1 & 2 in the writ petition, it is evident that
appellants herein had sought for registration of the subject
property. Impugned order of the learned Single Judge will
certainly affect the appellants in an adverse manner.
7. Therefore, we are of the view that before issuing
the impugned direction, appellants who were respondent
Nos.5 & 6 in the writ proceedings, ought to have been put on
notice and heard.
8. That being the position, we set aside the order
dated 12.10.2022 and remand the matter back to the file of
the learned Single Judge having roster to hear Writ Petition
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W.A.No.729 of 2022
No.38202 of 2022 afresh. Appellants herein (Respondent
Nos.5 & 6 in W.P.No.38202 of 2022) shall file counter affidavit
within four (04) weeks from today whereafter learned Single
Judge shall proceed with the hearing of W.P.No.38202 of
2022.
9. This disposes of the Writ Appeal. However, there
shall be no order as to costs.
10. As a sequel, miscellaneous applications pending, if
any, in this Writ Appeal, shall stand closed.
__________________________
UJJAL BHUYAN, CJ
___________________________
C.V.BHASKAR REDDY, J
Date: 08.11.2022
KL
