Sri Vishnu Granites Pvt. Ltd., v. State Of Telangana,

HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.20700 of 2018 ORDER:

Heard Mr.P.Venu Gopal, learned Senior Counsel representing Mr.Siddharth Sarma for petitioner and the Assistant Government Pleader (Revenue) for respondents 1 to 4.

With the consent of learned counsel appearing for parties, the writ petition is disposed of at the stage of admission. The petitioner challenges the order of 3rd respondent in Rc.No.A3/ 2481/ 2005 dated 06.01.2007 as wholly illegal and in the fact situation of the case, the jurisdiction of appellate authority under Section 3 of A.P.Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the Act') is not attracted and further on merits and entitlement, the petitioner or its predecessor-in-interest purchased the property as early as 1987.

A few legal grounds on the findings recorded by the 3rd respondent are also stated by the learned Senior Counsel. Mr.Ravinder Reddy firstly objects to the maintainability of writ petition by referring to Section 9 of the Act. According to him, this Court in KURUVA HA NUM A NTHA M M A Vs. PRINC IPA L SEC RETA RY, REVENUE DEPA RTM ENT, HYDERA BA D A ND A NO THER 1 has considered in great detail the scope and jurisdiction of 2nd respondent under Section 9 of the Act. The petitioner can file a revision before the 2nd respondent and the 2nd respondent can be directed to call for the 1 2017 (6) ALT 449

record from the offices of respondents 3 and 4 and dispose of the revision filed by petitioner, keeping in view the ratio laid down by this Court in KURUVA HA NUM A NTHA M M A 's case (supra). I have perused the order impugned in the writ petition and also the availability of effective remedy under Section 9 of the Act. Keeping in view the peculiar circumstances of the case, the Court directs the parties to maintain status-quo vis-à-vis revenue records/ 1-B Register in all aspects for a period of three months from today.

The petitioner is given liberty to file revision within three weeks from today by enclosing a copy of this order. The 2nd respondent issues notices to contesting parties, calls for the record from the offices of respondents 3 and 4 and disposes of the revision within three months from today. In the event of extending the hearing beyond three months period, it is open to petitioner or respondents 5 to 10 to pray for appropriate orders from 2nd respondent.

The writ petition is disposed of accordingly. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed. _____________ S. V. BHATT, J Dt: 21-06-2018 Note:

Issue C.C. in two days (B/ o) Prv