V.Kamala, Hyderabad. v. The Jt.Collector-Ii R.R.District, Hyderabad And 6 Others

HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.1414 OF 2007 ORDER:

This writ petition is filed challenging the order of the Joint Collector-II, Ranga Reddy District, dated 17.10.2006 passed in appeal Case No.F2/5031/2006, filed under Section 90 of the A.P.(T.A.) Tenancy and Agricultural Lands Act, 1950, as illegal and arbitrary. The main grievance of the petitioner herein is that without giving any notice to her, the Joint Collector-II, Ranga Reddy District has passed the impugned order in the appeal filed by Respondents 3 to 5 herein. Mr. P.Chandra Sekhar Reddy, learned counsel for the respondents 3, 4, and 5 and Ms. Harija Akkineni, learned counsel for the respondents 6 and 7, submit that as seen from the order, dated 17.10.2006, notices have been issued to both the parties.

Learned Assistant Government Pleader for Revenue produced the Xerox copy of the notice, said to have been served on the petitioner. The said copy contains the signature, but the name of the party, who signed the said notice is not legible. There is an endorsement on the

said notice stating that the said person has received notice on behalf of all the persons. As seen from the order of the Joint Collector-II, Ranga Reddy District, the addresses of all the three persons, who are shown as respondents therein are different.

Learned counsel for the unofficial respondents 3,4 and 5 submits that as there is signature on the notice, it is sufficient notice.

As seen from the copy of the notice, it is not clear as to who received the notice on behalf of the respondents therein. Hence, the matter is remanded back to the Joint Collector-II, Ranga Reddy District to hear the appeal filed under Section 90 of A.P.(T.A.) Tenancy and Agricultural Lands Act, 1950, in Case No.F2/5031/2006, afresh after giving fresh notice to the respondents in the appeal. As the matter pertains to the year of 2006 and as the addresses shown in the writ petition are not complete, the Joint Collector-II, is directed to serve the notices on the counsel of the parties, who appeared before this Court i.e., Mr. B.Vijayasen Reddy, learned counsel for the petitioner, Mr. P.Chandra Sekhar Reddy, learned counsel for the respondents 3, 4, and 5 and Ms. Harija Akkineni, learned counsel for the respondents 6 and 7, by fixing the date and after hearing

all the parties, shall pass appropriate orders in accordance with law, within a period of six months from the date of service of the notice. The status quo order granted on 13.4.2007 shall be continued till the appeal is disposed of by the Joint Collector-II, Ranga Reddy District.

The Writ Petition is disposed of accordingly. Miscellaneous petitions, pending if any, shall stand closed. No order as to costs.

________________________________ KONGARA VIJAYA LAKSHMI, J Date: 06/08/2018 Slk

HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.1414 OF 2007 Dated: 06/08/2018 slk