HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.35235 OF 2013 Date:08.07.2014 Between:
M/s. Jana Chaitanya Housing Limited, Tirupati, rep., by its Chairman and Managing Director Madala Sudhakar .. Petitioner And The Government of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad and others .. Respondents HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.35235 OF 2013 ORDER:
Heard the learned counsel for the petitioner, the learned Government Pleader for Revenue appearing for respondent Nos.1 to 4 and Sri M. Venkataramana Reddy, learned counsel for respondent No.5.
The petitioner claims that he has purchased the land in question and pattadar passbooks are granted to it. However, aggrieved by the order passed by the Tahsildar, Chandragiri Mandal, vide proceedings in Roc.A/290/2011, dated 17.10.2011, with respect to the land admeasuring Acs.5.19 cents in Survey No.806/1 and connected survey numbers situated at Chandragiri Village, the petitioner has already preferred an appeal before the Revenue Divisional Officer, Tirupati in File No.H/3418/2011, dated 20.06.2013, and the same was disposed of. Aggrieved thereby, a revision was preferred by the petitioner, which is stated to be pending before the 2nd respondent. However, stay petition filed by the petitioner in the said revision was dismissed under the impugned order in Roc.D4/5465/2013, dated 12.08.2013. Aggrieved by the said dismissal of the stay petition, the present writ petition is filed.
While issuing notice before admission on 05.12.2013, this Court granted interim order, suspending the orders of the Revenue Divisional Officer, dated 20.06.2013. The said interim order remains in force as on today.
It is not in dispute that the petitioner’s revision is pending with the 2nd respondent. As such, keeping in view the limited scope of this writ petition, in my view, interests of justice would be better served by directing the 2nd respondent to consider and dispose of the said revision, after hearing all the parties and pass appropriate orders thereon, expeditiously. The said order of interim suspension granted by this Court on 05.12.2013 shall continue to operate, pending the hearing and disposal of the revision. The contention raised by the learned counsel for the petitioner with regard to jurisdiction of the revenue authorities with respect to the land in question, is also left open to be urged before the revisional authority in the revision, as referred to above.
Subject to the above, the writ petition is disposed of. There shall be no order as to costs.
The miscellaneous petitions, if any, filed in this writ petition shall stand closed.
VILAS V. AFZULPURKAR, J
08.07.2014 KH