Moluguri Venkateshwarlu v. The State Of Telangana And 5 Others

Date: 28.10.2019 Between :

Moluguri Venkateshwarlu Petitioner And State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat Building, Hyderabad & others.

Respondents This court made the following :

ORDER :

Heard learned counsel for petitioner and the learned Government Pleader for Revenue.

2.

Petitioner is aggrieved by the mutation effected in respect of land total extent of Ac.4-32 guntas in Survey Nos.20 and 21 situated at Naspur village and mandal, Adilabad district. Petitioner earlier filed W.P.No.18309 of 2019 and since the appeal filed before the appellate authority under Section 5B of Telangana State Rights in Land and Pattadar Passbooks Act, 1971 was pending, this Court without entertaining the writ petition, however observed that the petitioner to pursue the remedies that are available to him and also observed that the Revenue Divisional Officer to dispose of the appeal expeditiously after affording opportunity to both sides.

3.

This writ petition is filed alleging that in the said appeal, only notices were issued and the Revenue Divisional Officer is delaying the matter, which is causing lot of prejudice to the petitioner. 4.

Learned counsel representing Respondent No.5 submits that the appeal was preferred with a delay of three months and therefore counter was filed opposing the delay and condonation delay application is posted to 8.11.2019.

5.

Having regard to the said submission, the writ petition is disposed of, directing the Revenue Divisional Officer to consider the objections filed by Respondent No.5 on the maintainability of

appeal on the ground of delay and if any objections filed by Respondent No.6 on the same issue and the RDO shall decide the maintainability of appeal within a period of four weeks from the date of receipt of a copy of this order. For any reason, the appellate authority accepts condonation delay application, he shall decide the appeal on merits as expeditiously as possible preferably within a period of six weeks thereafter. If there is any delay in deciding the appeal, the appellate authority shall consider the stay application filed along with the appeal, forthwith. As a sequel, the miscellaneous applications, if any, shall stand closed. __________________ P.NAVEEN RAO,J Date: 28.10.2019 DA

28.10.2019