Telangana High Court
Smt. Daiva Krupa vs Smt. B. Chandrakala And 5 Others on 16 February, 2023
Bench: Ujjal Bhuyan, N.Tukaramji
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.823 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. Ch.Venugopal, learned counsel for the
appellant and Mr. J.Narender, learned counsel for
respondents No.1 and 2/writ petitioners. We have also
heard Mr. J.Amruth Rao, learned Assistant Government
Pleader for Revenue appearing for respondents No.3 to 6.
2. This intra-court appeal is directed against the order
dated 28.09.2022 passed by the learned Single Judge
disposing of W.P.No.37786 of 2022 filed by respondents
No.1 and 2 as the writ petitioners.
3. Respondents No.1 and 2 had filed the related writ
petition seeking a direction to respondents No.3 to 6 to
issue e-pass book to them in respect of lands in Survey
No.320 to an extent of 2.07½ guntas situated at
Mahadevpur Village, Kondurgu Mandal, Ranga Reddy
District (briefly, 'the subject land' hereinafter) as per the
share allotted to them by the Tahsildar vide proceedings
dated 06.08.2020.
4. After adverting to the facts narrated by respondents
No.1 and 2, learned Single Judge noted that respondents
No.1 and 2 had submitted a representation dated
26.05.2022 before the District Collector, Ranga Reddy
District, but no decision was taken thereon. By the order
dated 28.09.2022, learned Single Judge disposed of the
writ petition by directing the District Collector, Ranga
Reddy District to forthwith initiate action on the
representation dated 26.05.2022 submitted by respondents
No.1 and 2 and take appropriate action in accordance with
law within a period of two months from the date of receipt
of a copy of the said order.
5. Appellant was not arrayed as a party to the writ
proceedings. However, learned counsel for the appellant
submits that against the order dated 27.04.2022
dismissing C.R.P.No.1626 of 2021, appellant has preferred
SLP (C) No.11976 of 2022 before the Supreme Court which
is pending. Appellant has a live claim to the subject land.
In this regard, appellant has filed O.S.No.241 of 2019
pending on the file of learned Additional Junior Civil
Judge, Shadnagar, wherein an injunction order has been
granted in favour of the appellant. Had the appellant been
made a party to the writ proceedings, she would have
brought to the notice of the Court the relevant facts, in
which event, Court may not have passed the order
appealed against.
6. Be that as it may, we find that as per the order of the
learned Single Judge, the District Collector of Ranga Reddy
District has been directed to consider the representation of
respondents No.1 and 2 dated 26.05.2022 and to take
appropriate action thereon.
7. We are of the view that having regard to the grievance
expressed by the appellant, it would meet the ends of
justice if the District Collector also hears the appellant
before taking any decision on the representation dated
26.05.2022 filed by respondents No.1 and 2.
8. Accordingly, we direct the District Collector, Ranga
Reddy District, to put on notice both the appellant and
respondents No.1 and 2 while deciding representation
dated 26.05.2022 and thereafter pass appropriate order in
accordance with law. Whatever order is passed, the same
shall be communicated to both the parties. We make it
clear that we have not expressed any opinion on merit and
all contentions are left open.
9. Writ appeal is accordingly disposed of.
Miscellaneous applications pending, if any, shall
stand closed. However, there shall be no order as to costs.
______________________________________
UJJAL BHUYAN, CJ
______________________________________
N. TUKARAMJI, J
16.02.2023
vs
