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High Court for State of TelanganaWP/8367/2004disposed of no costs

Panuguntla Shettiah, S/O Mallaiah , Yelliah, v. Joint Collector,

2015-08-20Challa Kodanda Ram2 pages

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.8367 OF 2004 ORDER:

The Writ Petition is filed questioning the order of the 1st respondent-Joint Collector, Medak at Sangareddy, passed in F3/32/ROR/2001-F3/5531/2001, dated 15.03.2004, refusing to interfere with the orders of the 2nd respondent-Revenue Divisional Officer, Jagdevpur Mandal, in Case No.D/19/95 / File No.D/1734/95, dated 28.07.2001, passed under Section 5-B of the A.P. Rights in Land and Pattadar Passbooks Act, 1971. The 2nd respondent-Revenue Divisional Officer, Siddipet, after providing adequate opportunity to all the parties and after necessary counters have been filed on behalf of the Government as well as on behalf of the respondents, had cancelled the 13-B Certificate issued to the petitioners by the Mandal Revenue Officer, Jagadevpur Mandal, regularising the alleged unregistered sale deed dated 29.05.1971.

After arguing for some time, in the course of arguments, learned counsel for the petitioners submits considering the fact that there are civil proceedings pending as on the date of filing of the Writ Petition between the parties, liberty may be given to the petitioners to pursue the alternative remedies available including filing of suit to assert the petitioners' rights. Learned Government Pleader for the Revenue submits that they do not have any objection to dispose of the writ petition. However, Sri V. Tulasi Reddy, learned counsel for the respondents 4 to 7 submits that the suits, if any, filed are required to be considered in accordance with law and the liberty is given by this Court shall not prejudice the

rights of the respondents to raise all objections available in law. Hence, this Court is not expressing any opinion with respect to the matter and the petitioners only seek permission to take appropriate steps and seeking appropriate remedies as available in law, writ petition is disposed of granting such liberty. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition shall also stand closed.

___________________________________ JUSTICE CHALLA KODANDA RAM Dated:20.08.2015.

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