Velpula Madhava Rao v. The State Of Telangana

HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.18227 of 2018 ORDER:

The petitioner prays for the following relief :- " ...... to issue an Order, Direction, Writ, more in the nature of Writ of Mandamus declaring the action of respondent Nos.1 to 3 in granting orders of mutation of lands recorded in the name of late Velpula Malleshwara Rao in favour of respondent No.5 in respect of lands bearing Sy.Nos. 125, 126/ A, 130/ C, 131/ D, 133/ A, 165/ C, 143/ C, 168/ B, 779/ B, 779/ D, 779/ C, 786, 197, 171/ D, 171/ E and 124/ BN situated at Chamanpalli Village, Karimnagar Revenue Mandal Rural-1, Karimnagar District, in File No.A1/ 584/ 2018 on 17.04.2018 without conducting inquiry on the objection petition filed by the petitioner on 27.07.2016 and disposing of application in terms of the Orders of this Honble Court in W.P. No.26528 of 2016, dt 11-08-2016 as bad, illegal, opposed to principles of nature justice, violation of Orders of this Hon'ble Court...." .

Learned counsel for petitioner vehemently contends that the 4th respondent does not have minimum regard for the directions issued by this Court in W.P.No.26528 of 2016 and also that notwithstanding the objections, which are filed more in the nature of caveat are also disregarded, but amendment impugned in the writ petition is issued.

I have perused the record. Prima facie, it appears that on account of omissions pointed out by the learned counsel for petitioner, the petitioner would have lost inclination to pursue the statutory remedies available against the amendment questioned in

the present writ petition. Though this could be a circumstance but in over all appreciation, this Court is of the view that the petitioner ought not to have same fear against the appellate authority, which the petitioner had against the primary authority. If the primary authority has committed more number of mistakes, it is all the more a good reason to raise every objection and bring it to the notice of the appellate authority to pass orders as are required both against the order and also against the officer. By granting liberty to file appeal, with the above observations, the writ petition is disposed of. No order as to costs. Miscellaneous petitions, if any, pending, shall stand closed. _____________ S. V. BHATT, J Date: 05-06-2018 Prv