Mr. Koona Linganna v. The Joint Collector

HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.1641 of 2019 ORDER:

The prayer of the petitioner in this case reads as under: "For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon'ble Court may be pleased to issue a Writ of Mandamus declaring the actions of the respondents in unlawfully and illegally changing the name in the Revenue Records in respect of land in Survey No.502, admeasuring 1-01 gts, situated at Gajulapeta, Nirmal Taluq, Adilabad district, as arbitrary unconstitutional and set aside the same and consequently direct the respondent No.1 herein to pass orders in revision petition by including the name of the petitioner herein the Revenue records as owner in respect of the land in Sy.No.502, admeasuring Ac.

1-01 gts situated at Gajulapeta, Nirmal Taluq, Adilabad District and pass such other order or orders as this Hon'ble court deems fit and proper in the circumstances of the case." When this Court pointed out to Sri Tarun G.Reddy, learned counsel for the petitioner, that the first part of the prayer runs contrary to the second part relating to disposal of the pending revision petition, he fairly conceded that he would be satisfied if the second part of the prayer is considered and not the first part.

Perusal of the record reflects that the revision petition filed by the petitioner under Section 9 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971, applicable in the State of Telangana, was received by the office of the Joint Collector, Nirmal, Adilabad District, on 30.05.2018. It is the grievance of the petitioner that no steps have been taken by the revisionary authority despite receipt of the revision petition.

It is not open to the statutory-quasi judicial authority to sleep over the revision petition entertained by his office. In the event the said revision is not in order, it is for the revisionary authority to communicate the lacunae in the revision petition while returning the same to the party concerned. Otherwise, the revisionary authority is bound to number the revision petition, if it

is found to be in order, and take up the same for adjudication after giving due notice of hearing to all parties concerned. Without taking recourse to either of these two measures, it is not open to the revisionary authority to remain somnolent after filing of the revision petition.

The Writ Petition is accordingly disposed of directing the Joint Collector, Nirmal, Adilabad District, to consider the revision petition filed by the petitioner, which was received on 30.05.2018 and take appropriate steps thereon as indicated supra. This exercise shall be completed expeditiously and in the event the revision petition is found to be in order and is taken up for adjudication after numbering and issuing of notice to all parties concerned, the revisionary authority shall endeavour to dispose of the said revision petition on merits expeditiously and in any event, not later than three months from the date of receipt of a copy of this order.

Miscellaneous Petitions pending in this Writ Petition shall stand closed. No order as to costs.

__________________________ JUSTICE SANJAY KUMAR 30th January, 2019 Kvsn