High Court for State of TelanganaWP/22693/2017disposed of no costs

V.Sekanna S/O. V.Veeraiah, v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

2017-07-11A Ramalingeswara Rao2 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.22693 of 2017 ORDER:

Heard the learned Counsel for the petitioner and the learned Government Pleader for the respondents. The case of the petitioner is that his father purchased an extent of Acs.7.42 cents of land in Survey No.94/A of Aluru Village and Mandal in Kurnool District, under an agreement of sale dated 13.07.1995. While so, the fourth respondent submitted a representation seeking to cancel the entries made in favour of the petitioner alleging that the petitioner did not pay the entire sale consideration. When the second respondent passed an order on 05.06.2017, the present Writ Petition was filed based on the decision of this Court in Thripuravaram Krishna Reddy v. Joint Collector, Cuddapah1.

Learned Counsel for the petitioner submits that the second respondent has no jurisdiction to entertain the representation filed by the fourth respondent without it being in a proper form and without filing any petition for condonation of delay. Learned Counsel also fairly submits that such a plea was not taken when the statement of the petitioner was recorded by the second respondent.

1 2009 (1) ALD 248

This Court is not inclined to examine the jurisdictional aspect of the impugned order in view of availability of the remedy of revision before the Joint Collector, who can correct the errors of fact as well as errors of jurisdiction and decide the matter.

In the circumstances, without expressing any opinion on the merits of the case, the petitioner is given liberty to file a revision before the Joint Collector, Kurnool, within a period of thirty days from the date of receipt of a copy of this order, and on receipt of such revision, the Joint Collector shall dispose of the same in accordance with law after issuing notices to the petitioner and the fourth respondent herein.

The Writ Petition is, accordingly, disposed of. The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs. ________________________________ (A.RAMALINGESWARA RAO, J) 11.07.2017 vs