IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.25453 of 2014 BETWEEN K.C. Sekhar Reddy and another.
AND ... PETITIONERS The Joint Collector, Ranga Reddy District, Lakdikapul, Hyderabad and others.
...RESPONDENTS Counsel for the Petitioners: MR. C. NARESH REDDY Counsel for the Respondents: GP FOR REVENUE (TG) The Court made the following:
ORDER:
The Revenue Divisional Officer, second respondent, is present in the Court, as per order dated 12.09.2014 and he has given para wise remarks to the learned Assistant Government Pleader.
2. The writ petition questions the order of the Joint Collector – I, Ranga Reddy District, whereunder the revision petition filed by the petitioners therein, who are respondents 4 to 15 herein, was disposed of. Though the writ petition is filed questioning the entitlement of the said contesting respondents, various issues, which are purely factual in nature, arise, which cannot be urged in this writ petition, particularly, as the Joint Collector was of the view that the procedural requirements in hearing and disposal of the appeal by the then Revenue Divisional Officer was not appropriate and the deficiencies in consideration of the said appeal were pointed out by Joint Collector in the order itself. Consequently, the Joint Collector set aside the impugned order in the appeal, passed by the then RDO and remanded the matter with a direction to the RDO to conduct de novo enquiry after issuing and ensuring service of notice on the parties and after giving them opportunity of hearing and after verifying the records, decide the matter.
3. Learned Assistant Government Pleader submits that the notice of date of hearing of the appeal has been given on 04.10.2014.
4. I am, therefore, not inclined to interfere with the impugned order except to the extent of directing the Revenue Divisional Officer, respondent No.2 herein, to consider and dispose of the said appeal afresh, expeditiously. The second respondent shall ensure compliance of the directions of the Joint Collector and dispose of the appeal afresh, in accordance with law, as early as possible and preferably before end of December 2014.
The writ petition is accordingly disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J September 19, 2014 DSK