THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.6361 OF 2004 DATED 23rd DECEMBER, 2014 Between:
B.Malla Reddy and another.
… Petitioners And The State of Andhra Pradesh, Revenue Department, Secretariat, Hyderabad, Reep. By Secretary, and others.
… Respondents THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.6361 OF 2004 O R D E R This writ petition was filed assailing the order dated 28.02.2004 passed by the Joint Collector, Medak, in a revision filed under Section 9 of the A.P.Rights in Land and Pattadar Pass Books Act, 1971.
The fifth respondent herein was the first respondent in the said revision. No interim orders were granted in favour of the petitioners during the pendency of this writ petition. While so, on 26.08.2014, Sri P.Venkata Reddy, learned counsel for the fifth respondent, informed the Court that his client had expired. The matter was accordingly adjourned to 19.09.2014. The said counsel filed a memo on 18.09.2014 furnishing the details of the legal heirs of the deceased fifth respondent. The said memo was also served upon the learned counsel for the writ petitioners as is evident from the endorsement thereon. The matter then came up on 19.09.2014 and was adjourned at request to 17.10.2014.
Though the matter is coming up nearly two months thereafter, no steps have been taken till date to implead the legal representatives of the deceased fifth respondent. In effect, the writ petition stands abated as against the fifth respondent. As the said respondent was the contesting party in the revision, this writ petition challenging the order passed therein cannot be adjudicated on merits in his absence.
The writ petition therefore fails in its entirety and is accordingly dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.
5th DECEMBER, 2014 ------------------------------------- SANJAY KUMAR, J THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.6361 OF 2004 DATED 23rd DECEMBER, 2014