Patta pass book - partition suit - respondent No.3 – Mandal Revenue Officer, Hayathnagar Mandal, by order dt.20.12.1995, directed to record the name of respondent No.4, who is sister of the appellant -a suit is pending before the Civil Court relating to the property in question. If the petitioner has any right, title or interest in respect of the property, he can proceed in the matter before an appropriate forum.

THE HON’BLE THE CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE

AND

THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

                                                                                    

WRIT APPEAL NO.71 OF 2013

DATED:21.2.2013

Between:

D. Rajeswar Reddy                                        …  Appellant

And

The Joint Collector

Ranga Reddy District

At Lakdikapool

Hyderabad

and others                                                    … Respondents

THE HON’BLE THE CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE

AND

THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

WRIT APPEAL NO.71 OF 2013            

JUDGMENT: (per the Hon’ble the Chief Justice Sri Pinaki Chandra Ghose)

          This writ appeal is directed against the order dt.21.6.2011 passed by the Hon’ble Single Judge, in W.P. No.4465 of 2006.

          The appellant – writ petitioner filed the writ petition for a Writ of Certiorari to call for the records of respondent No.1 in File No.D5/4488/2005 and to quash the order dt.7.2.2006 passed therein, as illegal and arbitrary.

          The appellant – petitioner claims to be the absolute owner, possessor and pattedar of the land admeasuring Ac.10.30 gts. in Sy. No.53 of Bacharam Village and Ac.2.20 gts. in Sy.No.31 of Dayar Village, hamlet of Hayathnagar, Ranga Reddy District.  When respondent No.3 – Mandal Revenue Officer, Hayathnagar Mandal, by order dt.20.12.1995, directed to record the name of respondent No.4, who is sister of the appellant – writ petitioner, as pattadar, the appellant filed an appeal before the Revenue Divisional Officer questioning the said order.  The appeal preferred by the appellant – writ petitioner was dismissed by the appellate authority by order dt.19.8.2005.  Questioning the same, the appellant preferred a revision before respondent No.1 – Joint Collector, who by order dt.7.2.2006 dismissed the revision directing the appellant – writ petitioner to approach the civil court and get his rights adjudicated in an appropriate proceeding.  Aggrieved by the said order of respondent No.1, the appellant – writ petitioner filed the writ petition.

The Hon’ble Single Judge after considering the matter in question dismissed the writ petition along with connected W.P. No.3846 of 2006, which was filed by sons of step-brother of the appellant – petitioner, by the impugned common order dt.21.6.2011.  His Lordship observed that as the petitioners in W.P. No.3846 of 2006 have already filed a suit for partition, before the Additional Subordinate Judge, Ranga Reddy District, being O.S. No.230 of 1983, in the schedule of which the disputed lands were also included, if they succeed in the said suit, it is always open for them to file appropriate application before the competent authority seeking to carryout the amendments in the Record of Rights.

Being aggrieved and dissatisfied with the said order dt.21.6.2011 passed by the Hon’ble Single Judge, this writ appeal is filed by the appellant – writ petitioner.

We have heard the learned counsel appearing for the parties and perused the record.

It appears that a suit is pending before the Civil Court relating to the property in question.  If the petitioner has any right, title or interest in respect of the property, he can proceed in the matter before an appropriate forum.  Except giving such liberty to the petitioner, we do not intend to pass any further order in the matter in question.

The writ appeal stands disposed of accordingly.  No costs.

________________________

PINAKI CHANDRA GHOSE, CJ

______________________

                                                                   VILAS V. AFZULPURKAR, J

21.2.2013

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