Shaik Rafi Ahmed vs The State Of Telangana
2023 Latest Caselaw 4045 Tel

      THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                                  AND
      THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR

             WRIT APPEAL Nos.304 and 320 of 2023

COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)

      Mr. T. Sharath, learned counsel for the appellants.

      Mr. P. Ram Prasad, learned Government Pleader for Social

Welfare for respondent Nos.1 and 2 in W.A.No.304 of 2023 and

for respondent Nos.1 to 4 in W.A.No.320 of 2023.

Mr. M. Muralikrishna, learned counsel appears on behalf of

Mr. M.M.M. Srinivas, learned counsel for the unofficial

respondent in both the appeals.

2. With the consent of the parties, the matters are heard

finally.

3. These intra court appeals have been filed against common

order dated 05.01.2023 passed by the learned Single Judge by

which W.P.Nos.40600 of 2022 and 2470 of 2020 preferred by the

appellants have been disposed of.

4. The grievance of the appellants is that initiation of

proceedings by the Agent to Government (District Collector) in ::2::

respect of the subject land is without jurisdiction as the matter

has already been adjudicated four times in their favour.

5. The appellants filed the writ petitions seeking a direction to

the Agent to Government (District Collector) not to proceed

further with the matter and to declare the proceedings dated

30.11.2019 as illegal and arbitrary as the subject matter has

already been adjudicated in their favour on previous four

occasions.

6. We have heard the learned counsel for the parties at

length.

7. From a perusal of the record, it transpires that the issue

involved in these writ appeals is that the Agent to Government

(District Collector) has initiated proceedings which have already

been adjudicated on previous four occasions in favour of the

appellants.

8. In compliance with the order passed by the learned Single

Judge, the appellants have already filed all the documents in

support of their contention that the matter stands concluded in

their favour in the previous round of litigation.

::3::

9. In view of the aforesaid, the Agent to Government (District

Collector) by taking into account the salutary principle of finality

to the litigation shall decide the suit preferred by the unofficial

respondent in these appeals after hearing the parties and

considering the objections filed by the appellants along with

relevant documents. The objections shall be filed within a period

of three months from today.

10. To the aforesaid extent, the order passed by the learned

Single Judge is modified.

11. Accordingly, the writ appeals are disposed of.

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

closed.

____________________________ ALOK ARADHE, CJ

____________________________ N.V.SHRAVAN KUMAR, J

Date: 15.11.2023 ES