Devaraju Nanda Rani v. The Appellate Authority Under Rights In Land And Pattadar Pass Books Act

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.22794 of 2018 ORDER:

In this Writ Petition, the only request of the petitioner is to direct the first respondent to consider and dispose of the application filed by her on 24.04.2018 under Order I Rule 10(2) of the Code of Civil Procedure, 1908, in File No.D/3847/2006, which is pending adjudication before the first respondent. I have heard the submissions of the learned counsel for the petitioner, Sri Amancharla Satish Babu, and that of the learned Government Pleader for Revenue (TG), appearing for respondents 1 and 2.

Learned counsel for the petitioner submits that, the petitioner in the proceedings before the first respondent died and, therefore, the proposed party filed the aforestated application for impleadment and prosecuting the case, but the first respondent is not disposing of the said application, though it is essential to dispose of the said application before proceeding further in the matter pending before the first respondent.

Learned Government Pleader sought time for instructions. However, considering the nature of the relief claimed, this Court is of the considered view that the Writ Petition can be disposed of at the stage of admission.

In the result, the Writ Petition is allowed directing the first respondent to consider and dispose of the application filed by the petitioner on 24.04.2018 under Order I Rule 10(2) of the Code of Civil Procedure, 1908, in File No.D/3847/2006, as expeditiously as possible, preferably, within four weeks from the date of receipt of a copy of this order.

The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs. _____________________________ M.SEETHARAMA MURTI, J 05.07.2018 Note: Issue C.C by 09.07.2018.

B/o.

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