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High Court for State of TelanganaWA/252/2018disposed of no costs

Sri Varaha Lakshmi Narsimha Swamy Devasthanam. v. The Government Of Andhra Pradesh,

2018-12-18Raghvendra Singh Chauhan,M.Satyanarayana Murthy3 pages

THE HON'BLE SRI JUSTICE RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT APPEAL No.252 of 2018 JUDGMENT: (Per the Hon'ble Sri Justice Raghvendra Singh Chauhan) The appellant has challenged common order, dated 24.07.2017, in respect of Writ Petition No.25696 of 2010. 2.

Both the learned counsel are ad idem that the issue raised in the present appeal was earlier raised in W.A.No.1648 of 2017 and batch of writ appeals. The said batch of writ appeals was decided by a learned Division Bench of this Court vide common judgment, dated 04.04.2018. Therefore, this appeal, too, could be decided in the same terms.

3.

The learned counsel for the appellant, however, pleads that in the judgment, dated 04.04.2018, the learned Division Bench has observed that the writ petitioners were unaware of the fact that the ryotwari pattas were issued to them. But in the present case, the writ petitioners - respondent Nos.3 to 7 before this Court, were indeed issued ryotwari pattas in 1996. They were well aware of this fact. Therefore, there is a slight difference in the factual matrix.

RSC,J & MSM,J W.A.No.252 of 2018 18.12.2018 4.

Nevertheless, the slight difference in the factual matrix would not make any difference. For, by the judgment, dated 04.04.2018, the learned Division Bench has merely granted liberty to the writ petitioners to approach the Revenue Divisional Officer.

5.

Therefore, respondent Nos.3 to 7 - the writ petitioners, are also granted liberty to approach the Revenue Divisional Officer, who is directed to give an opportunity of hearing to both the parties, and both the parties shall be free to raise all the contentions, which are available to them, before the Revenue Divisional Officer.

6.

Subject to the above observations and direction, this Writ Appeal stands disposed of.

7.

As a sequel, pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

________________________________ RAGHVENDRA SINGH CHAUHAN, J _____________________________ M.SATYANARAYANA MURTHY, J 18th December, 2018 GHN

RSC,J & MSM,J W.A.No.252 of 2018 18.12.2018