K. Venkat Reddy vs The Revenue Divisional Officer
2023 Latest Caselaw 2782 Tel

   THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE

                                      AND

    THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR


                      WRIT APPEAL No.939 of 2023


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


        Mr.    M.Damodar        Reddy,      learned   counsel   for    the

appellant.

        Mr. V.V.Narasimha Rao, learned counsel for respondent

No.4.


        2.     This intra court appeal is filed against an order

dated 07.08.2023 passed in W.P.No.21929 of 2009                        by

learned Single Judge, by which writ petition preferred by the

appellant has been dismissed.


        3.     Facts

giving rise to filing of this appeal briefly

stated are that a decree was passed in favour of the original

decree holder in respect of the subject property on

31.03.1972. The original decree holder was alive till 1980.

However, no steps were taken for execution of the aforesaid

decree. The limitation for execution of the aforesaid decree ::2::

expired on 30.03.1984. Thereafter, respondent No.3 claiming

to be an adopted son of a decree holder filed an application

seeking correction of the entries made in the revenue records.

4. The Tahsildar by an order dated 30.07.2009

directed the correction of entry in the revenue records in the

name of respondent No.3. The appellant challenged the

aforesaid order in a writ petition which has been dismissed

by the learned Single Judge. In the aforesaid factual

background, this appeal arises for consideration.

5. Learned counsel for the appellant fairly submitted

that against the aforesaid order, an appeal lies under the

provisions of the Telangana Rights in Land and Pattadar Pass

Books Act, 2020. It is further submitted that the appellant

be granted the liberty to file an appeal against the order

dated 30.07.2009 and the appellate authority be directed to

decide the appeal which may be preferred by the appellant

expeditiously.

6. In view of aforesaid submission and taking into

account the fact that the appellant has an alternative ::3::

efficacious remedy of filing an appeal before the appellate

authority under the provisions of the Telangana Rights in

Land and Pattadar Pass Books Act, 2020, the writ appeal is

disposed of with the liberty to the appellant to take recourse

to the remedy of appeal which may be available to him in law.

Needless to state that in case such an appeal is filed along

with an application for stay, the appellate authority after

affording an opportunity of hearing to all necessary parties

shall decide the appeal expeditiously without being

influenced by the observations contained in the order dated

07.08.2023 passed by learned Single Judge in W.P.No.21929

of 2009.

As a sequel, miscellaneous applications pending, if any,

shall stand closed. There shall be no order as to costs.

_______________________________ ALOK ARADHE, CJ

_______________________________ N.V.SHRAVAN KUMAR, J

Date: 27.09.2023 KL