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High Court for State of TelanganaWP/32531/2015disposed of no costs

Shaik Sattar v. The State Of Telangana,

2015-10-06Vilas V.Afzulpurkar2 pages

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.32531 of 2015 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for respondents 1 to 4.

This Writ Petition is filed alleging inaction on the part of the Revenue Divisional Officer, Miryalaguda, the 3rd respondent, in entertaining the appeal filed by the 5th respondent in Appeal Case No.D/886/2015 for cancellation of pattadar passbooks and title deeds issued in favour of the petitioner, wherein a notice, dated 11.04.2015, was given to the petitioner.

Learned counsel for the petitioner contends that the said appeal is hopelessly time barred and ought not to have been entertained after a long lapse of about 15 years and as such questions the entertainment of the appeal. So far as the contention of the learned counsel for the petitioner is concerned, the petitioner is already given notice for appearance in the said appeal and he can as well appear and raise all his contentions in it, including that the appeal is time barred and ought not to have been entertained. All such contentions having been open for the petitioner to raise in the said appeal pending before the 2nd respondent, I do not see any reason to entertain the Writ Petition, as the 3rd respondent is empowered to adjudicate all such questions and pass appropriate orders in the appeal.

The Writ Petition is accordingly disposed of. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

___________________________ VILAS V.AFZULPURKAR, J 06.10.2015 KH