← Library
High Court for State of TelanganaCRP/3320/2015withdrawn

Mohd. Khaja, v. State Of Telangana Through District Collector,

2015-12-04A Ramalingeswara Rao2 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO CIVIL REVISION PETITION No.3320 of 2015 ORDER:

This Civil Revision Petition is filed challenging the inaction on the part of the learned Senior Civil Judge, Sanga Reddy, Medak District in not disposing E.P. No.15/2013, which was filed pursuant to a decree, dated 08.02.2012 in O.S.No.194/2008.

The suit was filed for a declaration of title in respect of 1232 square yards in Survey Nos.407, 408 and 409 situated at Sadasivpet Mandal, Sadasivpet Municipality, Medak District. Earlier, the petitioners filed a writ petition seeking to declare the inaction of respondent No.2 in implementing E.P.No.15/2013 as illegal, but as it was held to be not maintainable, the petitioners were permitted by this Court to convert the said writ petition into one under Article 227 of the Constitution of India, and accordingly, the said writ petition was converted into the present Civil Revision Petition. On an earlier occasion, this Court passed an order in C.R.P. No.2871/2014 dated 10.11.2014 directing the trial Court to take further steps in disposing of E.P. No.15/2013 and submit progress within 15 days after receipt of the order.

Pursuant to the said order, an order was passed on 22.12.2014 allowing the said E.P. by issuing delivery warrant under Order XXI Rule 35 C.P.C. directing the bailiff to take possession of the land in Survey No.410 if it is a Government land else to take possession of some other Government land on verification of the Government records admeasuring 1220 square yards equivalent to schedules A & B properties and to put the decree holders in possession of such land by conducting a detailed panchanama with the help of Surveyor and also to issue warrant of attachment of movable properties of the judgment debtors in realisation of suit costs. Now, it is alleged that after the said order, no further steps are being taken by the learned Senior Civil Judge, Sanga Reddy, and in those circumstances, the present Civil Revision Petition was filed.

In view of the above-mentioned circumstances, the learned Senior Civil Judge, Sanga Reddy, is directed to take up E.P.No.15/2013 and dispose of the same on or before 31.03.2016.

Accordingly, this Civil Revision Petition is disposed of. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Civil Revision Petition shall stand closed.

________________________________ A.RAMALINGESWARA RAO, J 04.12.2015 MVA Note: Registry is directed to send a fax message to the Court below not to send the L.C. record, pursuant to orders of this Court dt. 21.08.2015