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High Court for State of TelanganaWP/28810/2015disposed of no costs

Vadla Jagadishwar, S/O. Vadla Rukmaiah v. The State Of Telangana, Rep. By Its

2015-09-07Vilas V.Afzulpurkar2 pages

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION Nos.28723, 28724 AND 28810 OF 2015 COMMON ORDER:

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

Aggrieved by the Occupancy Rights Certificates, dated 22.04.1994, 04.11.1996 and 31.10.1994 respectively, issued by the Revenue Divisional Officer, Chevella Division, Ranga Reddy District, the petitioners in each of these Writ Petitions filed statutory appeals under Section 24 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 before the competent authority i.e., the Joint Collector, Ranga Reddy District, the 2nd respondent. However, the said appeals were found to be defective and hence, the Office of the 2nd respondent through its Superintendent passed the impugned orders, dated 14.05.2015, rejecting the same. The said orders are questioned in these Writ Petitions.

Learned counsel for the petitioners states that subsequent to the rejection of the appeals, the petitioners have filed applications for condonation of delay and would comply with all the necessary deficiencies by rectifying the same.

Obviously, the Superintendent of the 2nd respondent cannot reject the statutory appeals and on the basis of the deficiencies pointed out, the impugned orders are to be treated as the one returning the appeals on objections. It is open for the petitioners to resubmit the appeals duly complying with all the deficiencies and thereafter it is for the 2nd respondent to consider the appeals on merits and pass appropriate orders in accordance with law.

The impugned orders, treating the appeals as rejected, are therefore, modified by treating the appeals as having been returned for compliance with the objections pointed out in the scrutiny. Learned counsel for the petitioners states that he would take necessary steps to rectify the objections and resubmit the appeals. Office of the 2nd respondent shall return the original appeals for compliance to the learned counsel for the petitioners. Accordingly, if the objections are rectified and resubmitted the appeals, the Office of the 2nd respondent shall scrutinise them afresh and if they are in order, shall place the same before the 2nd respondent to pass appropriate orders.

With the above observations, the Writ Petitions are disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in these Writ Petitions shall stand closed.

_____________________________ VILAS V. AFZULPURKAR, J 07.09.2015 KH