Pamaraju Thirumala Rao v. The State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.30485 of 2018 ORDER:

1) The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of the 5th respondent in mutating the name of the 6th respondent in respect of lands admeasuring Ac.2.00 situated in Sy.No.340-A (340A/ F) of Chinthakunta Village, Kothapalli Mandal, Karimnagar Rural-II, Karimnagar District, as illegal and arbitrary. 2) Learned counsel for the petitioner mainly submit that though the name of the petitioner is reflected in the revenue records, the Tahsildar changed the entries in the revenue records by incorporating the name of the 6th respondent without giving an opportunity to the petitioner.

However, challenging the entries made by the Tahsildar, an appeal came to be filed by the petitioner before the Revenue Divisional Officer, Karimnagar, in which records were called for from the 5th respondent vide proceedings No.D/ 3322/ 2018, dated 06.06.2018. The grievance of the petitioner appears to be that in spite of pendency of the appeal, the 5th respondent issued Form-1B and altering the entries in the computerized adangal in favour of the 6th respondents. Having regard to the above, the learned counsel for the petitioner would submit that the interest of the petitioner may be protected since the I.A. filed along with the appeal seeking interim relief is pending consideration.

3) The Government Pleader for Revenue (AP) would submit that a direction may be issued to the concerned for an early disposal of the appeal.

4) Without going into the merits of the case and having regard to the submissions made, the present writ petition is disposed of, directing the 4th respondent (Revenue Divisional Officer) to dispose of the appeal No.D/ 3322/ 2018 filed by the petitioner, after hearing all the concerned including the petitioner, in accordance with law, as expeditiously as possible, preferably, within a period of three (03) to six (06) months from the date of receipt of a copy of the order. However, if any application filed by the petitioner seeking interim relief is pending consideration, the 4th respondent shall pass orders on the said application at the earliest in accordance with law, if the main appeal could not be disposed of within time stipulated. The entries made in the revenue records shall not give any affect to for a period of six to eight weeks. In the meantime the 4th respondent shall pass orders in I.A. filed seeking interim relief, if no order could be passed in the main appeal.

5) Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs.

_________________________ JUSTICE C. PRAVEEN KUMAR 06.09.2018 gkv