Russ Sharma vs K Venkatesh And 5 Others
2023 Latest Caselaw 1309 Tel

  THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

                               AND

       THE HON'BLE SRI JUSTICE N. TUKARAMJI


                I.A.Nos.1, 2 and 3 of 2023
                          in/and
               WRIT APPEAL No.256 of 2023


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


      Heard Mr. A.Ganesh Raj, learned counsel for the

appellant.


      2.     I.A.No.1 of 2023 has been filed by the appellant

seeking leave to file the related writ appeal.


      3.     I.A.No.2 of 2023 has been filed by the appellant

to condone the delay of 1310 days in filing the related writ

appeal.


      4.     I.A.No.3 of 2023 has been filed by the appellant

to dispense with filing of the certified copy of the order

dated 24.04.2019 in W.P.No.6661 of 2019.
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                                                     W.A.No.256 of 2023




     5.     This appeal is directed against the order dated

24.04.2019 passed by the learned Single Judge in Writ

Petition No.6661 of 2019.


     6.     We may mention that against the aforesaid

order dated 24.04.2019, Writ Appeal No.174 of 2023 was

filed by Mr. Vojjela Vishnuvardhan along with leave

application and delay condonation petition.


     7.     This Court by order dated 07.02.2023 declined

to grant leave as well as declined to condone the delay and

thereafter dismissed the writ appeal.


     8.     Order dated 07.02.2023 reads as follows:


    "2.     I.A.No.1 of 2023 has been filed by the appellants

    seeking leave to file the related writ appeal.


    3.      I.A.No.2 of 2023 has been filed to condone the

    delay of 1350 days in filing the related writ appeal.


    4.      Writ Appeal is directed against the order dated

    24.04.2019 passed by the learned Single Judge disposing of
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                                                        W.A.No.256 of 2023




W.P.No.6661 of 2019 filed by respondent No.1 as the writ

petitioner.

5. Order of the learned Single Judge dated 24.04.2019

reads as under:

This writ petition, filed under Article 226 of the

Constitution of India, seeks to declare the inaction of

the Respondents 1 and 2 in considering and disposing

of the representation of the Petitioner dated

14.02.2019 for implementing the decree and

judgment in O.S.No.280 of 2007, dated 06.05.2008,

passed by the Junior Civil Judge, Ranga Reddy

District at Medchal in the Register Books, E.C etc., of

the Respondent No.1 as bad in law and violative of

Rule 26 (k) (i) of Andhra Pradesh Rules under the

Registration Act 1908 and consequently, direct the

Respondents 1 and 2, to consider and dispose of the

representation of the Petitioner dated 14.02.2019 for

implementing the decree and judgment in O.S.No.280

of 2007, dated 06.05.2008, passed by the Junior Civil

Judge, Ranga Reddy District at Medchal, in the

Register Books, E.C etc., of the Sub-Registrar,

Quthbullapur/Respondent No.1.

2. Heard the learned counsel for the petitioner and

the learned Assistant Government Pleader for 4 HCJ & NTRJ W.A.No.256 of 2023

Revenue representing respondents 1 to 5 and perused

the record.

3. It has been contended by the learned counsel for

the petitioner that the petitioner filed representation

on 14.02.2019 before the respondents 1 and 2 to

incorporate in the Register/Books the outcome of the

Judgment and decree in O.S.No.280 of 2007, dated

06.05.2008, passed by the learned Junior Civil Judge,

Ranga Reddy District at Medchal. However, no action

has been taken by the respondents 1 and 2.

4. As per the submissions made by both the sides

and the material placed on record, it is seen that

there is no denial of the petitioner submitting a

representation dated 14.02.2019 to the Sub-Registrar,

Medchal, Medchal Malkajgiri District/respondent

No.2 herein to incorporate the decision rendered by

the learned Junior Civil Judge, Ranga Reddy District

at Medchal in O.S.No.280 of 2007, dated 06.05.2008

in the relevant books including E.C, etc., maintained

by the Sub-Registrar, Quthbullapur, Medchal

Malkajgiri District/respondent No.1.

5. In the course of submissions, it is not

substantiated by the learned Assistant Government

Pleader for Revenue that any action is being taken on

the representation dated 14.02.2019. When an

application is filed before the authorities to take some 5 HCJ & NTRJ W.A.No.256 of 2023

action, the same is required to be disposed of in terms

of governing regulations.

6. Under these circumstances, the respondents 1 and

2 are directed to dispose of the representation dated

14.02.2019, submitted by the petitioner, within a

period of three months from the date of receipt of copy

of this order.

7. Accordingly, the writ petition is disposed of.

Miscellaneous Petitions, if any, pending in this writ

petition shall stand closed. No order as to costs.

6. Though a view may be taken that proceedings

under Article 226 of the Constitution of India cannot be

converted into execution proceedings, nonetheless from a

careful perusal of the order of the learned Single Judge

what is discernible is that learned Single Judge has

directed the Sub-Registrars (respondents No.1 and 2 in the

writ petition) to consider the representation dated

14.02.2019 of respondent No.1 (writ petitioner). The

representation was submitted in the backdrop of the facts

narrated by the learned Single Judge in paragraphs 3 and 4

supra.

7. Learned counsel for the appellants submits that

appellants had purchased the land in question; following 6 HCJ & NTRJ W.A.No.256 of 2023

the aforesaid decision of the learned Single Judge,

respondent No.1 has filed a contempt case; and out of fear

of contempt, respondents No.2 and 3 (Sub-Registrars) have

removed the names of the appellants from the land register

to incorporate the name of respondent No.1.

8. If the appellants are aggrieved by any such action

of the authorities, it is open to them to avail their remedy in

accordance with law, but we see no good reason to interfere

with the direction of the learned Single Judge as contained

in the order dated 24.04.2019 passed in W.P.No.6661 of

2019.

9. Therefore, we decline to grant leave to the

appellants to file the related writ appeal and to condone the

delay of 1350 days in filing the same. I.A.Nos.2 of 2023 and

3 of 2023 are accordingly dismissed.

10. Consequently, the Writ Appeal is dismissed. No

costs."

9. In view of above, the Writ Appeal along with the

interlocutory applications i.e., I.A.Nos.1, 2 and 3 of 2023

are dismissed. However, there shall be no order as to

costs.

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                                              W.A.No.256 of 2023




     10.   As    a   sequel,       miscellaneous   applications

pending, if any, in this Writ Appeal, shall stand closed.

_______________________ UJJAL BHUYAN, CJ

_______________________ N.TUKARAMJI, J Date: 17.03.2023 KL