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High Court for State of TelanganaWP/45225/2018allowed no costs

Y.Giridhar Reddy v. State Of Andhra Pradesh,

2018-12-20A.Rajasheker Reddy4 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.45225 of 2018 ORDER:

This writ petition is filed challenging the endorsement dated 09-11-2018 in Reference No.A/254/2013,wherein and whereby the application of the petitioners for uploading the subject lands in Web Land Register and issuance of e-patta passbooks was rejected.

Heard Sri P.Venugopal, learned Senior Counsel for the petitioners, who submits that application of the petitioners was not considered only on the ground of grant of interim orders in WPMP.No.18981 of 2016 in WP.No.15317 of 2016 filed by Sri M.Sivakoti Reddy and M.Bhaskar Reddy. But subject matter of the said writ petition pertains to only Ac.22-00 cents in Sy.No.104, but not the whole extent of land and the petitioners are not claiming any right in it, which is the subject matter of WP.No.15317 of 2016. He also submits that the Advocate on record, who filed WP.No.15317 of 2016 and the present writ petition is one and the same and he also submits that the subject matter of both matters is different.

Learned Assistant Government Pleader for Revenue seeks time.

In this case, it is to be seen that a reading of the impugned endorsement goes to show that no notice was issued to the petitioners before rejecting their application. Had the 3rd respondent issued notice to the petitioners, the petitioners could have objected the same. Instead of the same, without

considering the same, the application of the petitioners was disposed of saying that in view of the interim orders in other writ petition, their claim could not be considered. It is also to be seen that pattadar passbooks were also issued to the petitioners in respect of Sy.No.104 and the same is already sub-divided. These factors have to be taken into consideration, while passing the impugned order.

In view of the same, the impugned order is set aside. The 3rd respondent is directed to reconsider the same by taking above factors into account, after issuing notice to the petitioners.

Accordingly, the writ petition is allowed to the extent indicated above. There shall be no order as to costs. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 20-12-2018 Note:

Issue CC in one week.

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