Buchaiah v. Md. Khaja

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MAIN CASE No. WRIT PETITION No.14505 of 2010 PROCEEDING SHEET Sl.

No.

DATE

ORDER

OFFICE NOTE .

10.04.202 SK, J Transferred to IO folder before making corrections, if any.

I.A.No.1 of 2025 in W.P.No.14505 of 2010 This application is filed seeking review of the order dated 07.01.2025 passed by this Court in W.P.No.14505 of 2010.

Heard Sri Raja Sripathi Rao Panugoti, learned Senior Counsel appearing for the review petitioner and Sri Srinivas Polavarapu, learned Counsel for the respondent Nos.6 to 13. Perused the material on record.

The contention of the review petitioner is that this Court dismissed the instant Writ Petition on 07.01.2025, by following the Judgment passed by the Full Bench of this Court in Executive Officer, Group of Temples, Wanaparthy, Mahabubnagar District vs. Joint Collector, Mahabubnagar and others1, as the petitioners were the purchasers of land from the Inamdar and had no right to obtain an Occupancy Rights Certificate, but there was no finding with regard to the unofficial respondents, who were also not entitled to the subject Occupancy Rights Certificate under challenge, as they are neither the legal heirs of the Inamdars nor do they claim from the original Inamdar.

At the time of arguments, learned Senior Counsel appearing for the review petitioner and the learned Counsel for the respondent Nos.6 to 13 submitted that this Court, without going into the 1 2023 (1) ALD 83 (TS) (FB)

facts of the case, relied solely on the Full Bench Judgment of this Court in Executive Officer, Group of Temples (supra) and they fairly conceded that if the writ petitioners seek any direction against the unofficial respondents, the matter has to be heard in-detail.

In view of the above circumstances, this is a fit case for review of the order dated 07.01.2025 passed in W.P.No.14505 of 2010 and the matter shall be heard in detail on merits by taking into account of the Judgment passed by the Full Bench of this Court in Executive Officer, Group of Temples (supra) and appropriate orders passed thereon.

With the above findings, I.A.No.1 of 2025 is allowed by setting aside the order dated 07.01.2025 in W.P.No.14505 of 2010.

The Registry is directed to restore Writ Petition No.14505 of 2010 on its file.

__________ SK, J W.P.No.14505 of 2010 The Registry is directed to post this matter before appropriate Bench dealing with Writ Petitions pertaining to the Department of Revenue for the year 2010.

__________ SK, J mvm