K. Chakradhar Rao v. State Of Telangana

THE HON'BLE SRI JUSTI CE A.RAMALI NGESWARA RAO Writ Petition No.5415 of 2018 Order:

It is the case of the petitioner that his father and brothers were the owners and possessors of the land of an extent of 0.07 gts., 0.08 gts., and 0.07 gts., each, situated in Survey No.499 of Garmilla village and it is reflected in the revenue records of 1970-71 to 1990-91. The said land was not sold to any one. Further, it is stated that the sixth respondent created a sada sale deed dated 21.04.1961 as if the said land was sold and got it regularized on 05.09.1991. Consequently, his name was mutated in the revenue records. Challenging the same, the petitioner filed an appeal before the Sub-Collector, Mancherial and the same was dismissed on 02.04.2011. Further appeal was initially filed before the second respondent - Joint Collector, Adilabad and when the same was not disposed of, the present Writ Petition is filed.

But, the papers filed along with the Writ Petition show that after bifurcation of the Districts, the Joint Collector, Mancherial issued a notice on 12.04.2017 conducting enquiry in respect of the proceedings, but the Joint Collector, Mancherial is not made a party. However, since the appeal is pending before the Joint Collector, Mancherial, as could be seen from the notice issued, the Joint Collector, Mancherial is directed to consider the appeal, issue appropriate notice to the sixth respondent herein and pass appropriate orders thereon within a period of three (3) months from the date of receipt of a copy of this order. The Writ Petition is, accordingly, disposed of. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________________ A.RAMALI NGESWARA RAO, J Date: 05.03.2018 Note:

Office is directed to communicate copy of this order to the Joint Collector, Mancherial.

(B/O) Nsr