Babburi Kamalamma v. The Joint Collector Ii,

THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.28357 OF 2007 ORDER:

This Writ Petition is filed seeking to declare the order, dated 29.09.2007, in Case No.D5/6174/2006 passed by respondent No.1 as contrary to the judgment of this Court in W.P.No.7710 of 2006, dated 16.11.2006, and to uphold proceedings No.A2/1514/2003, dated 26.04.2004, issued by respondent No.2.

Learned counsel for the petitioners submits that respondent No.1 has travelled beyond the scope of the revision and remanded the matter to respondent No.2, instead of deciding the issue as directed by this Court in the order, dated 16.11.2006, in W.P.No.7710 of 2006.

Learned counsel for respondent Nos.4 to 9 also states that this Court has directed respondent No.1 to decide the issue basing on the documents available, but respondent No.1, without deciding the issue, has remanded the matter to respondent No.2.

Respondent No.1, instead of deciding the issue as directed by this Court, travelled beyond

the scope of the revision and remanded the matter to respondent No.2. In view of the above facts and circumstances, I am of the view that the impugned order is liable to be set aside.

Accordingly, the Writ Petition is allowed and the impugned order, dated 29.09.2007, is set aside. Respondent No.1 is directed to decide the revision, as directed by this Court in W.P.No.7710 of 2006, within a period of three months from the date of receipt of a copy of this order. Since the order of status quo with regard to the entries in the revenue records continued all along from 2007 onwards, the same shall be continued till the revision is disposed of by respondent No.1.

Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed. No costs. __________________________ A.

RAJASHEKER REDDY, J March 16, 2016 MD