High Court for State of TelanganaWP/13631/2017disposed of no costs

Aluru Malleshwara Rao v. The State Of Andhra Pradesh

2017-04-18A.Rajasheker Reddy2 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.13631 of 2017 ORDER:

The case of the petitioners is that the respondents 6 and 7 filed revision before the Government under Section 4 A (2) of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 against the orders of the Joint Collector, Guntur-3rd respondent in R.Dis.No.5073/2012-E2, dated 11.09.2015, in respect of the land to an extent of Ac.1.00 cents each in Survey No.1102-4, situated in Prathipadu (V&M), Guntur District and that the 1st respondent has admitted the said revision and granted Status quo vide Memo No.27/17/Rev.Assn.IV/2017, dated 22.02.2017 and also requested the District Collector, Guntur to furnish detailed report/parawise remarks.

Learned counsel for the petitioners submits that the petitioners are in possession of the subject lands; and that the proceedings which were impugned in the revision filed by the respondents 6 and 7, was issued in favour of petitioners in respect of the subject land. The petitioners also succeeded before the Revenue Divisional Officer and also before the Joint Collector in respect of the subject land, but, in the revision petition filed by the respondents 6 and 7, no notice was issued to the petitioners, though they are parties before the Joint Collector and Revenue Divisional Officer. It is further stated that when petitioners approached the office of the 1st respondent for copies of revision and also for other documents filed by the respondents 6 and 7 in the revision, the same were not

furnished to the petitioners. He also submits that the petitioners will make necessary application to the 1st respondent for impleading them in the revision filed by the respondents 6 and 7, since it affects their rights and the impugned order in the revision is in their favour.

Heard learned Assistant Government Pleader for Revenue. In view of the aforesaid facts and circumstances, it is open for the petitioners to make necessary application for impleading them as parties in the revision and on such application being filed by the petitioners, the 1st respondent is to entertain the same and pass orders for impleading the petitioners as parties in the revision. The 1st respondent shall also furnish copies of revision and the documents filed by the respondents 6 and 7 herein to the petitioners. Thereafter, the 1st respondent is directed to dispose of the revision after considering the objections raised by the petitioners herein and after affording opportunity of hearing, in accordance with law, within a period of two months from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. ____________________________ A.RAJASHEKER REDDY, J 18.04.2017 Note: Issue CC in one week.

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