C. Sathaiah And 3 Others, v. The Joint Collector-Ii, And 4 Others,

Date : 21.12.2017 Between :

Chakali Sathaiah S/o late Balaiah 64 years, Nadergul village, Saroornagar mandal RR District and others Petitioner And The Joint Collector-II Ranga Reddy district at Hyderabad and others Respondents The Court made the following:

ORAL ORDER:

This revision is preferred aggrieved by the order of the Joint Collector-II, Ranga Reddy district dated 9.8.2005 confirming the decision to grant Section 38 (E) certificate. The Joint Collector dismissed the appeal on the ground that such appeal was preferred after 26 years of issuance of Section 38(E) certificate. On 20.10.2005 notice before admission was issued returnable in two weeks. On 30.12.2010 revision was admitted. On 2.11.2011 two weeks time was granted to the learned counsel for petitioner for payment of batta to respondent no.4 and the Court ordered that in default the revision would stand dismissed as against respondent no.4, without reference to the Court. On 23.12.2011 four weeks further time was granted for payment of batta.

The Court ordered that in default, revision would stand dismissed as against respondents 4 & 5, without reference to the Court. Admittedly, batta was not paid. On 18.4.2013 matter was adjourned for taking steps for respondents 4 and 5. Thereafter in the year 2016 matter underwent several adjournments to enable the counsel to ascertain addresses of respondents 4 and 5. As of now also correct addresses of respondents 4 and 5 are not secured. Learned counsel for petitioner fairly submits that even now the correct addresses of respondents 4 and 5 are not available. 2.

The revision is of the year 2005. The relief sought is against respondents 4 and 5. Therefore, in the absence of respondents 4 and 5, no decision can be made affecting their rights. Because of the lapses of petitioners only, notices could not be served on respondents 4 and 5, even though sufficient opportunity was granted. Having regard to the same, the revision is dismissed on this ground. No costs. As a corollary, miscellaneous petitions, if any pending, are closed. _________________ P NAVEEN RAO,J DATE: 21.12.2017

TVK Date : 21.12.2017