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High Court for State of TelanganaWP/11251/2017disposed of no costs

Nyalam Poshani v. The State Of Telangana,

2017-03-30A.Rajasheker Reddy3 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.11251 OF 2017 ORDER:

This writ petition is filed against the order dated 10-01-2017 passed by the 2nd respondent under Section 9 of A.P.Rights in Land and Pattadar Passbooks Act (for short "the Act") dismissing the revision filed by the petitioner holding that the Revenue Divisional Officer (R.D.O.), Nizamabad has followed the procedure in validating unregistered sale deed in favour of the respondents 3 and 4. Learned counsel for the petitioners submits that without issuing notice to the petitioners, who are legal heirs of deceased Nyalam Odenna, validation has been done. On the other hand, learned Assistant Government Pleader for Revenue submits that validation was done in the year 2001 and appeal was filed in the year 2012 and the 3rd respondent-R.D.O. dismissed the appeal on the ground of limitation also.

Neither in the writ affidavit nor it is pointed out before this Court that delay was explained before the 3rd respondent in the appeal filed. Even in the writ affidavit, nothing is mentioned as to why the appeal was filed after period of ten years before the 3rd respondent challenging the order of validation of sale deed passed in the year 2001. In view of the same, I do not see any reason to entertain the writ petition.

However, it is open to the petitioner to avail remedy under Section 8(2) of the Act, if he is so advised. Accordingly, this writ petition is disposed of. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 30-03-2017 Nvl