A. Hanumanth Rao v. The State Of Telangana,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION Nos.14628 & 30099 of 2016 COMMON ORDER:

WP.No.14628 OF 2016:

This writ petition is filed calling for the records in respect of proceedings No.B/2132/2015, dated 21.03.2016 issued by the 3rd respondent-Deputy Collector/Tahasildar wherein the application filed by the 4th respondent for carrying out necessary changes in the revenue records in respect of land to an extent of Ac.16.16 guntas in Survey No.63 of Nadergul Village was allowed.

WP.No.30099 of 2016:

This writ petition is filed for a direction to the 2nd respondent to dispose of the statutory appeal filed by the 4th respondent challenging the proceedings dated 21.03.2016 issued by the 3rd respondent.

The petitioner WP.No.14628/2016 is 4th respondent in WP.No.30099/2016 and the petitioner in WP.No.30099/2016 is 4th respondent WP.No.14628/2016.

Since the subject matter and parties in both the writ petitions is one and the same, both are heard together and common order is passed.

Learned counsel for petitioner WP.No.14628/2016 submits that the 4th respondent filed application under 27(4) of the A.P.Rights in Land and Pattadar Pass Books Rules, but at para 9 of the impugned proceedings dated 21.03.2016, the 3rd respondent observed that the Rule 27(4) of the A.P.Rights in Land and Pattadar Pass Books Rules does not apply to the application filed by the 4th respondent. But he allowed the application illegally. Heard learned counsel for the 4th respondent (petitioner in WP.No.30099/2016).

Since the statutory appeal filed by the petitioner in WP.No.14628/2016 is pending before the 2nd respondent and already notices were issued in the said appeal, instead of going into the merits of the case, it is suffice to dispose of these writ petitions by directing the 2nd respondent-The revenue Divisional Officer to dispose of the appeal filed against the impugned proceedings dated 21.032016 issued by the 3rd respondent.

In view of the same, the 2nd respondent-Revenue Divisional Officer is directed to dispose of the appeal filed by the petitioner in WP.No.14628/2016 after taking into account the objections filed by the appellant about the maintainability of the application filed by the 4th respondent under Rule 27(4) of the rules. Till disposal of the appeal by the 2nd respondent

stay granted by this Court on 26.04.2016 WP.No.14628/2016, shall continue.

Accordingly, both the writ petitions are disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

_____________________________ A.RAJASHEKER REDDY, J 15.09.2016 tk