N. Ramesh v. The Joint Collector

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO Civil Revision Petition Nos.716 and 721 of 2019 COMMON ORDER :

Heard both sides.

2.

These Civil Revision Petitions are filed under Section 28 of the Telangana Abolition of Inams Act, 1955 assailing the orders dt.05.01.2019 passed in Appeal No.F1/1262/2013 and Appeal No.F1/1263/2013 (for short, 'the impugned order) in relation to land admeasuring Acs.1.20 gts. in Survey No.154 in Kismatpur Village, Rajendranagar Mandal and in relation to Ac.0.35 gts. in Survey No.156 of the same village.

3.

A reading of the impugned order passed by the Joint Collector, Ranga Reddy District discloses that though the said order is of twelve pages, the actual reasoning is in just three sentences on page no.12 of the said common order.

4.

A perusal of the Grounds of Revision as well as Written Arguments filed by both sides show that several points have been raised by both sides which have not been considered by the Joint Collector, Ranga Reddy District while deciding the Appeal under Section 24 of the Act challenging the order passed by the Revenue Divisional Officer, Chevella Division on 09.11.2001 and 06.12.2001 under the Act.

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5.

Though the counsel on both sides advanced several contentions in support of claims of their respective clients to the said subject lands and they have also referred to several documents which they claim to have filed before the Joint Collector, Ranga Reddy District, the order of the Joint Collector does not contain any discussion on those documents, and is very cryptic. Therefore, the said order cannot be sustained.

6.

Accordingly, the Civil Revision Petitions are allowed. The order dt.05.01.2019 passed in Appeal No.F1/1262/2013 and Appeal No.F1/1263/2013 in relation to land admeasuring Acs.1.20 gts. in Survey No.154 in Kismatpur Village, Rajendranagar Mandal and in relation to Ac.0.35 gts. in Survey No.156 of the same village, passed by the Joint Collector, Ranga Reddy District are both set aside; and the matter is remitted back to the Joint Collector, Ranga Reddy District to pass fresh orders in accordance with law after referring to the contentions, documents and submissions of both sides, and pass a reasoned order in accordance with law within three (03) months from the date of receipt of copy of this order.

7.

Pending passing of fresh order by the Joint Collector, Ranga Reddy District, status quo as on to-day shall be maintained in all respects by both sides in respect of the subject lands. 8.

Accordingly, the Civil Revision Petitions are allowed to the above extent. No order as to costs.

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9.

As a sequel, miscellaneous petitions pending if any in these Civil Revision Petitions, shall stand closed. __________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 08.07.2019 Ndr/*