Cheviti , Vangeti Malla Reddy v. The Joint Collector

HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.9832 of 2005 Date: April 23, 2015 Between:

1. Cheviti @ Vangeti Malla Reddy & 22 others ... Petitioners and

1. The Joint Collector, Ranga Reddy District, Hyderabad & 2 others. ... Respondents * * * HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.9832 of 2005 O R D E R:

This writ petition was filed by 23 individuals assailing the order dated 17.08.2004 passed by the Joint Collector, Ranga Reddy District, in exercise of revisionary powers under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971, confirming the appellate order dated 11.04.2001 passed by the Revenue Divisional Officer, East Division, Hyderabad, whereby

the order dated 23.12.1997 passed by the Mandal Revenue Officer, Keesara Mandal, Ranga Reddy District was reversed.

2. No interim orders were passed by this Court in this writ petition.

3. When the matter is taken up for final hearing, Sri D. Jagan Mohan Reddy, learned counsel for the petitioners, fairly pointed out that a lapse occurred during the filing of the writ petition in as much as the respondent in the revision before the Joint Collector, Ranga Reddy District, was not made a party to the writ petition by inadvertence. Though the learned counsel would seek time to remedy this lapse, this Court is of the opinion that the same is fatal to the writ petition and it is not curable at this late point of time. The writ petition is therefore liable to be dismissed on this short ground.

4. Further, as rightly pointed out by Sri D. Jagan Mohan Reddy, learned counsel, the orders under challenge before this Court did not, in any manner, decide the rights of the parties and as a civil suit in O.S.No.22 of 1998 on the file of the learned I Additional District Judge, Ranga Reddy District, has already been instituted, it is for the parties to agitate their rights therein.

5. The writ petition is accordingly dismissed leaving it open to the parties to pursue appropriate remedies in accordance with law as to their entitlement and respective rights. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs. ___________________ SANJAY KUMAR, J.

Date: April 23, 2015.

BSB HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.9832 of 2005

Date: April 23, 2015 BSB