K.M. Devarajulu v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT APPEAL No. 100 of 2009 Date: 08.06.2016 Between:

K.M. Devarajulu.

... Appellant And The Sub Registrar, Piler, Chittoor District & others.

... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT APPEAL No. 100 of 2009 ORDER: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) None appears for the appellant. Learned Government Pleader for Revenue appears for the respondents. We have perused the order against which this appeal is pending, in particular, the concluding paragraph thereof. Concluding paragraph reads thus:

"Following the above, this writ petition is disposed of directing the first respondent or any other Registering Officer to accept the document presented by the petitioner and consider for registration. Be it noted, if for any reason, the document presented is not registered, it is incumbent on the part of the Registering Officer to record and furnish reasons under Section 71 of the Act. Even thereafter, if the petitioner has any grievance, he may file appeal before the appellate authority under Section 72 of the Act. Thereafter, if any adverse order is passed by the appellate authority, the petitioner can file a suit under Section 77 of the Act. There shall be no order as to costs."

From bare perusal of the observations made in the concluding paragraph, we fail to understand what prompted the appellant to file appeal. That apart, interim order, as prayed, was, in fact, refused vide order, dated 16.02.2009. In view thereof, the appellant seems to have lost interest in prosecuting this appeal further and hence, no one is coming forward to work it out on merits. We are, therefore, constrained to dismiss the appeal for non-prosecution. Order accordingly.

Miscellaneous petitions, if any, shall also stand

dismissed. There shall be no order as to costs. _______________________ DILIP B.BHOSALE, ACJ ____________________​__ P.

NAVEEN RAO, J Date: 08.06.2016 ES