Ch.Buchhamma v. State Of Telangana

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.No.22910 of 2016 ORDER:

The writ petition is filed seeking to issue a writ, order or direction more so, a writ in the nature of certiorari by calling for records from the 2nd Respondent and declare the proceedings in Appeal No.A2/788/2016, dated 27-04-2016, as arbitrary, illegal, unlawful and unconstitutional and to set aside the same by declaring it as null and void.

The learned counsel for the petitioner submits that the 2nd respondent has entertained the appeal filed by the 4th Respondent herein under Section 5(5) of A.P. Rights in Lands and Pattadar Passbooks Act against the orders passed by the M.R.O., Quthbullapur in File No.A/3272/94 on 16-08-1994 and issued the impugned notice, after the lapse of more than 22 years and also after the suit filed by 4th respondent was dismissed and became final.

Heard the learned counsel for petitioners and the learned Assistant Government Pleader for Revenue and perused the material available on record.

This Court normally does not interfere at the stage of notice.

In view of the same, this Court is not inclined to interfere with the notice issued by the 2nd Respondent on 27-04-2016. However, the petitioners can raise all the pleas mentioned above before the 2nd Respondent. The 2nd Respondent is

bound to consider the same before passing any orders in the appeal. Further, the 2nd Respondent is directed to dispose of the appeal in accordance with law within a period of three months from the date of receipt of a copy of the order after issuing notice to the affected parties, if any. Subject to above observations, the Writ Petition is disposed of. No order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________________ A.RAJASHEKER REDDY, J.

Date: 19-07-2016 skmr