A.Nagaraja Rao v. The State Of Telangana

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.7167 OF 2019 DATED :08.04.2019 Between :

A. Nagaraja Rao, S/o.Bhaskar Rao, Aged 49 yrs, Occu: Service, R/o.Flat No.301, Sai Apartments, Hanumanpet, Miryalguda, Nalgonda District.

..

Petitioner And The State of Telangana, Rep., by Principal Secretary, Revenue Department, Secretariat, Hyderabad & others.

.. Respondents This court made the following :

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.7167 OF 2019 ORDER :

Heard learned counsel for petitioner and learned Government Pleader for Revenue for respondents. 2.

Petitioner claims that the total extent of land in Sy.No.756 of Miryalguda town and Mandal is Ac.1-26 guntas. From out of this extent of land, petitioner purchased Ac.0-20 guntas and 5th respondent purchased Ac.1-04 guntas. However, the 5th respondent got the entire extent of land mutated in his name. Having come to know of such illegal action of 5th respondent of getting entire extent of land mutated in his name, though petitioner purchased Ac.0-20 guntas of land and as belonging to him, petitioner claims to have preferred Revision under Section 9 and Rule 21 of the Telangana Record of Rights in Land and Pattadar Pass Books Act, 1971. Alleging inaction in disposing of the Revision, this writ petition is filed.

3.

Since Revision No.F2/7475/2018 is claimed to be pending, without expressing any opinion on merits, the Writ Petition is disposed of directing the Joint-Collector, Nalgonda, to consider the Revision application on its merits, if the same is pending, after affording due opportunity to both parties and pass orders, as warranted by law. It is also open to the 5th respondent who is the 2nd respondent in the Revision, to raise all objections as available in law, including maintainability of such Revision. On due consideration of respective objections, the Joint Collector shall pass orders assigning due reasons in

- 3 - support of his decision and communicate the same to the parties. The entire exercise shall be completed within a period of six (6) weeks from the date of receipt of copy of this order. It is made clear that there is no expression of opinion on merits and the order is passed on the basis of averments made in the affidavit filed in support of writ petition. As the Revision is preferred and the same is pending consideration, the claim of 5th respondent is preserved. Pending miscellaneous petitions, if any, shall stand closed.

__________________ P.NAVEEN RAO,J 8th April, 2019 Rds