Kummathi Narayanappa (Died) By Legaties, v. The District Revenue Officer,

HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.22824 of 2011 ORDER :

Heard Mr. I. Venkata Prasad for petitioners and the Assistant Government Pleader for Revenue.

The orders impugned in the writ petition are passed on the application filed by 4th respondent under Board Standing Order

31. The impugned orders have accepted the prayer of 4th respondent for transfer of Registry of Holdings. With the assistance of counsel for petitioner I have perused the reasons recorded by the authorities while exercising the power of transfer under Registry of Holdings. Prima facie I am of the view that the orders impugned in the writ petition do not call for interference particularly having regard to the scope of Judicial review under Article 226 of Constitution of India. It appears from the narration of the case of petitioners that there are a few disputes between the families of petitioners and the 4th respondent.

This Court is of the view that if the petitioners' right is in any way adversely affected and/or their entitlement to subject land is denied by respondents 4 to 7, the petitioners have to work out their remedies in a properly instituted suit for appropriate remedies. Counsel for petitioners submits that liberty may be given to petitioners to work out their remedy in a properly instituted suit or proceeding. It is needless to observe that recording transfer in Registry of Holdings is subject to the determination of the civil Court. The writ petition dismissed with the above observation. No order as to costs. Pending miscellaneous applications, if any, shall stand closed.

_____________ S.V.BHATT, J 18th July 2016 ajr