A. Srinivas Goud vs Mohammed Maqsood Ali And 4 Others
2023 Latest Caselaw 26 Tel

   THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

                                   AND

           THE HON'BLE SRI JUSTICE N. TUKARAMJI


                  WRIT APPEAL No.883 of 2022


JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)


      Heard Mr. Vijay B.Paropakari, learned counsel for the

appellant and Mr. M.A.K.Mukheed, learned counsel for

respondent No.1/writ petitioner.               We have also heard

Mr. T.Srikanth Reddy, learned Government Pleader for

Revenue representing respondent Nos.2 to 5.

2. This writ appeal is directed against the order dated

09.02.2022 passed by the learned Single Judge in Writ

Petition No.6972 of 2022 filed by 1st respondent as the writ

petitioner.

3. Relevant portion of the order dated 09.02.2022

reads as under:

"2. The grievance of the petitioner is a single line order is passed by respondent No.2-District Collector, Ranga 2 HCJ & NTRJ W.A.No.883 of 2022

Reddy District stating "Succession Application No.2100436829 is rejected by Collector".

3. It is submitted by learned counsel for the petitioner that the order is passed without any application of mind and without assigning any reasons.

4. The petitioner and his family members are the joint owners and possessors of the subject land in Sy.Nos.234/a/A, 235/a/A and 269/a/A, total admeasuring Acs.6-08 Gts., situated at Kongarkhurd (A) Village, Maheshwaram Mandal, Ranga Reddy District. The land originally belongs to Mohammed Mumtaz Ali and Faqeer Mohammed, who purchased the same from the previous owner Abdul Razzak and Company vide file No.1049/1951 dated 07.05.1329 Fasli issued by Sarfekhas Mubarak. Faqeer Mohammed died on 04.11.1994 and Mumtaz Ali died on 23.12.1990 and the land devolved upon their children and grandchildren. Petitioner and his family members applied for succession and for issuance of pattadar passbooks vide Application No.2100436829 dated 27.05.2021 and also for conducting survey vide Application Nos.DER021800226434 and DER021800226441 dated 09.02.2018. The petitioner states that a single line order has been passed by respondent No.2-District Collector, Ranga Reddy District stating "Succession Application No.2100436829 is rejected by Collector". As no reason has been recorded, the impugned order passed by respondent No.2 is set aside.

5. The writ petition is, accordingly, allowed directing respondent No.2 to conduct enquiry by affording opportunity of hearing to the petitioner in respect of the 3 HCJ & NTRJ W.A.No.883 of 2022

subject land and pass orders by recording proper reason. The said exercise shall be completed within a period of two months from the date of receipt of a copy of this order. No costs."

4. Thus, we find that application filed by the 1st

respondent for succession in respect of the subject land,

details of which are mentioned in the order of the learned

Single Judge as extracted above, was rejected by the District

Collector, Ranga Reddy District summarily without assigning

any reasons. Learned Single Judge took the view that such

an order without any reason is violative of the principles of

natural justice and reflects non-application of mind.

Accordingly, while allowing the writ petition, learned Single

Judge has directed District Collector, Ranga Reddy District to

conduct an enquiry by affording opportunity of hearing to the

1st respondent in respect of the subject land and thereafter to

pass a reasoned order within a period of two (02) months.

5. According to learned counsel for the appellant, it

is the appellant who holds patta in respect of the subject 4 HCJ & NTRJ W.A.No.883 of 2022

land. Therefore, succession application by the 1st respondent

as to the subject land is not maintainable.

6. Without entering into the contentious issues

raised by the appellant as well as by the 1st respondent, we

are of the view that it would meet the ends of justice if the

District Collector, Ranga Reddy District while conducting

enquiry gives an opportunity of hearing to the appellant along

with the 1st respondent and thereafter pass a reasoned order

as directed by the learned Single Judge.

7. Accordingly, we modify the order of the learned

Single Judge dated 09.02.2022 by directing the District

Collector, Ranga Reddy District to conduct an enquiry in

respect of the claim of the 1st respondent over the subject

land and in the course of the enquiry to give opportunity of

hearing to both appellant and the 1st respondent. District

Collector shall complete the exercise and pass a reasoned

order within a period of two (02) months from the date of

receipt of a copy of this order.

                                5                      HCJ & NTRJ
                                                W.A.No.883 of 2022

8. Writ Appeal is accordingly disposed of. However,

there shall be no order as to costs.

9. As a sequel, miscellaneous applications pending, if

any, in this Writ Appeal, shall stand closed.

_______________________ UJJAL BHUYAN, CJ

______________________ N.TUKARAMJI, J Date: 03.01.2023 KL