Sri. N. Ramakrishna, v. The State Of Telangana

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.2222 of 2019 ORDER:

The grievance of the petitioner is that the Joint Collector-II, Ranga Reddy District, is not taking steps to number the IA filed by him in his pending revision. The said revision was filed by the petitioner under Section 9 of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for brevity, 'the Act of 1971'), aggrieved by the order dated 26.11.2010 passed by the Special Grade Deputy Collector & Revenue Divisional Officer, Chevella Division, Ranga Reddy District. This revision was taken on file as R.P.No.D1/1777/2011.

In the light of the order proposed to be passed by this Court without going into the merits of the matter, it is not necessary to either put the fifth respondent on notice or afford her an opportunity of hearing. It is an admitted fact that final arguments were heard by the revisionary authority and the matter was reserved for orders but owing to the transfer of the incumbent in the post of the revisionary authority, the matter had to be reopened.

Learned Assistant Government Pleader for Revenue, State of Telangana, would inform this Court that the matter has been adjourned to 27.04.2019.

According to Sri N.Gangadhar, learned counsel representing Sri S.Ashok Anand Kumar, learned counsel for the petitioner, the reopening of the case was on 05.01.2019.

It is therefore clear that the revisionary authority has adjourned the matter by more than three months upon such reopening. As valuable property rights of the parties would be involved in a revision filed under Section 9 of the Act of 1971, it is necessary that the revisionary authority

examine as to whether the facts in the case warrant intervention at the interlocutory stage. Without applying its mind to this aspect, it is not open to the revisionary authority to adjourn the matter by long periods of time. In view of the fact that an IA was filed by the petitioner in the pending revision and a copy thereof is placed on record, the writ petition is disposed of directing the Joint Collector-II, Ranga Reddy District, the revisionary authority, to forthwith take up the said IA for hearing after numbering it. The revisionary authority shall pass appropriate orders in the IA after hearing both sides. This exercise shall be completed expeditiously and in any event, not later than four weeks from the date of receipt of a copy of this order.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTICE SANJAY KUMAR Date:06.02.2019 PGS