IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.72 OF 2014 DATED:21.1.2014 Between:
Abdul Nabi and another … Appellants And The Tahsildar & Executive Magistrate Choutuppal Post & Mandal Nalgonda District and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.72 OF 2014 JUDGMENT: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is summarily dismissed as we are of the view that the learned single Judge has correctly dismissed the writ petition on the following admitted position.
Being aggrieved by the decision of respondent No.1 – Tahsildar & Executive Magistrate, Choutuppal Post and Mandal, declining to entertain the application of the appellants - petitioners for mutation of their names in the record of rights in respect of the land in question, the appellants – writ petitioners filed the writ petition. The learned single Judge has dismissed the writ petition on the ground that the dispute between the writ petitioners and the other unofficial respondents is pending before the Civil Court. We therefore endorse the view taken by the learned single Judge that when the matter is pending before the competent Civil Court, the Tahsildar could not take any action for mutation for title has to be decided finally by the Civil Court. It is an admitted position that the appellants – writ petitioners are also parties to the Civil Court proceedings. We, therefore, hold that both the learned single Judge as well as the Tahsildar have taken a correct decision on the given facts and circumstances of the case. However, the claim for mutation will be decided after disposal of the Civil Court proceedings.
The writ appeal is accordingly dismissed. There will be no order as to costs.
Consequently, W.A.M.P. No.90 of 2014 filed by the appellants for interim relief, stands dismissed.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 21.1.2014 bnr