Mangali Mallamma v. The Joint Collector-Ii

THE HON'BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION NO.5653 OF 2016

O R D E R

This civil revision petition arises out of the order dated 21.10.2014 passed by the Joint Collector-II, Ranga Reddy District, in Case No.F1/23792/2010, an appeal filed under Section 24 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955. Perusal of the order under revision reflects that the case was called from time to time and finally on 21.06.2014. The Joint Collector-II, Ranga Reddy District, recorded that on that day neither the parties to the appeal nor their learned counsel were present. The appeal was accordingly dismissed for default. Sri A.Keshava Reddy, learned counsel for the petitioners, the appellants in the appeal before the Joint Collector-II, Ranga Reddy District, would assert that his junior colleague was present on 21.06.2014.

However, no affidavit has been produced from the said junior colleague to the effect that he was present before the Joint CollectorII, Ranga Reddy District, on the fateful day. That apart, this Court is of the opinion that once the Joint Collector-II, Ranga Reddy District, noted that neither the parties nor their learned counsel were present on the said day, this Court cannot doubt the veracity thereof. In the event the petitioners are of the opinion that the finding to this effect recorded by the Joint Collector-II, Ranga Reddy District, is factually incorrect, it is for them to file a reopen petition before the said authority seeking a clarification on this factual aspect. Granting liberty to the petitioners to do so, if they so choose, this civil revision petition is dismissed.

Pending miscellaneous petitions shall also stand dismissed. No order as to costs.

______________________ SANJAY KUMAR, J 23rd FEBRUARY, 2017 PGS