Bakam Mallesh v. The State Of Telangana

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE Ms. JUSTICE J. UMA DEVI Writ Appeal No.1172 of 2017 Judgment: (Per the Hon'ble The Acting Chief Justice Ramesh Ranganathan) This appeal, under Clause 15 of the Letters Patent, is preferred against the order passed by the learned Single Judge in W.P. No. 22728 of 2017 dated 11.7.2017.

The appellants herein are the petitioners in the writ petition. They invoked the jurisdiction of this Court questioning the order passed by the Revenue Divisional Officer dismissing their appeal preferred against the proceedings of the Tahsildar dated 8.3.2017 granting the 4th respondent pattadar passbook and title deeds. By the order under appeal, the learned Single Judge disposed of the writ petition giving liberty to the appellants-writ petitioners to file a revision before the competent authority within 30 days from the date of receipt of a copy of the order and, in view of the earlier order passed by this Court in W.P. No. 8733 of 2017 dated 15.3.2017, status-quo, with regards entries in the revenue records, was directed to be maintained till the disposal of the revision filed by the appellants-writ petitioners. The learned Single Judge made it clear that, if the revision is not filed within 30 days, it was open to the parties to work out their remedies in accordance with law.

Sri G. Madhusudhan Reddy, learned counsel for the appellants, would submit that, after preferring this writ appeal, the appellants-writ petitioners have preferred a revision before the Joint Collector;

and the revision application is pending

consideration before him. The appellants-writ petitioners apprehend that the objections raised by them in the grounds of revision before the Joint Collector would not be considered in as much as similar objections raised before the Revenue Divisional Officer were not dealt with by him. They seek a direction to the Joint Collector to consider the objections, and pass a reasoned order in accordance with law.

As the appellants-writ petitioners have already preferred a revision, raising certain grounds against the order passed by the Revenue Divisional Officer confirming the order passed by the Tahsildar, we consider it appropriate to dispose of the writ appeal directing the Joint Collector to consider the objections raised by the appellants-writ petitioners, in the revision petition filed by them, and to pass a reasoned order in accordance with law. Needless to state that, since the appellants-writ petitioners have already preferred a revision, the order of status-quo as directed by the learned Single Judge shall continue to remain in force till the revision is disposed of by the Joint Collector. Subject to the above observations, the order of the learned Single Judge is affirmed in all other aspects.

Miscellaneous Petitions pending, if any, shall also stand disposed of. There shall be no order as to costs.

_________________________________ (RAMESH RANGANATHAN, ACJ) _________________ (J. UMA DEVI, J) 22nd August, 2017 pnb

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE Ms. JUSTICE J. UMA DEVI Writ Appeal No.1172 of 2017 Date: 22.08.2017 pnb