Sinde Lokender vs Sinderajender
2022 Latest Caselaw 4874 Tel

          THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                             AND
             THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
                                    W.A.No.624 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)

        Heard Mr. V.M.M.Chary, learned counsel for the appellants

and Mr. Parsa Ananth Nageshwar Rao, learned Government

Pleader for Revenue for respondents No.3, 4 and 5. None has

appeared for respondents No.1 and 2 though the name of

Mr. G.Ravi Chandra Sekhar, learned counsel appearing for

respondents No.1 and 2 is shown in the cause list.

2. This appeal is directed against the order dated 25.08.2022,

passed by the learned Single Judge disposing of W.P.No.33602

of 2022 filed by respondents No.1 and 2 as the writ petitioners.

3. Appellants herein were not arrayed as respondents in the said

writ petition. We have granted leave to file appeal to the appellants

by separate order passed in I.A.No.1 of 2022.

4. The related writ petition was filed by respondents No.1 and 2

contending that their father was the absolute owner and possessor ::2::

of agricultural land admeasuring Acs.3.32 guntas in Survey

No.18/AA1 situated at Mallepalli Village, Boath Mandal, Adilabad

District (for short 'the subject land'). His name was entered in the

revenue record. However, after demise of their father, respondents

No.1 and 2 submitted an application for grant of succession but no

decision was taken thereon. In such circumstances, the related writ

petition came to be filed by respondents No.1 and 2 seeking a

direction to respondent No.5- Tahsildar to issue new pattadar pass

book and title deeds in their name after rectifying the entries in the

revenue record.

5. Learned Single Judge at the admission stage disposed of the

writ petition in the following terms:

Taking into consideration the submissions made on either side, this writ petition is disposed of directing the third respondent to forthwith consider the succession application submitted by the petitioners on 21.10.2022 and pass appropriate orders thereon by duly affording an opportunity of personal hearing to the petitioners or their authorized representative within a period of eight weeks from the date of receipt of a copy of this order. No order as to costs.

::3::

6. Learned counsel for the appellants submits that appellants

are in possession of the subject land since last 42 years and their

names have been recorded in the revenue record. Order of the

learned Single Judge will cause serious prejudice to the appellants.

7. In the light of the above, we modify paragraph 4 of the order

of the learned Single Judge dated 25.08.2022 in the following

manner:

Taking into consideration the submissions made on either side, the writ petition is disposed of by directing respondent No.3-Tahsildar-cum-Joint Sub-Registrar, Boath Mandal, Adilabad District to consider the succession application submitted by the petitioners on 21.01.2022 after giving due notice and personal hearing to all concerned persons, including persons claiming to be in possession of the subject land and thereafter take an appropriate decision in accordance with law.

Let the above exercise be carried out within a period of eight weeks from the date of receipt of a copy of this order.

8. Writ Appeal is accordingly disposed of by modifying the

order dated 25.08.2022 passed in W.P.No.33602 of 2022 in the

above manner. No costs.

::4::

As a sequel, miscellaneous petitions, pending if any, stand

closed.

__________________ UJJAL BHUYAN, CJ

_______________________ C.V.BHASKAR REDDY, J Date: 23.09.2022 LUR/PSA