IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.19091 of 2014 BETWEEN Palleti Raghava Reddy.
AND ... PETITIONER The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others.
...RESPONDENTS Counsel for the Petitioner: MR. P.S.P. SURESH KUMAR Counsel for the Respondents: GP FOR REVENUE (AP) The Court made the following:
ORDER:
Heard.
2. The grievance of the petitioner is that the third respondent, who is the competent authority to hear and decide the appeals filed against grant of pattadar passbooks and title deeds, is not taking up the appeal and interlocutory application filed by the petitioner.
The said appeal is stated to have been filed on 23.06.2014.
3. Petitioner states that the fourth respondent, Tahsildar, has granted pattadar passbooks and title deeds to respondents 5 to 8. Since the petitioner claims title and possession for the very same land, he has filed the aforesaid appeal before the third respondent and aggrieved by the inaction of the third respondent, the present writ petition is filed.
4. Learned Assistant Government Pleader has received instructions, which speak of the third respondent expressing inability to take up the appeal in view of the pendency of O.S.No.102 of 2013 on the file of the IV Additional Junior Civil Judge, Kadapa between the petitioner and the contesting respondents. The said suit for perpetual injunction is stated to be pending.
5. While the scope of the said suit is relating to relief of perpetual injunction, the appeal filed by the petitioner before the third respondent is a statutory appeal against grant of pattadar passbooks and title deeds to the contesting respondents. The third respondent, therefore, is statutorily duty bound to hear and decide the said appeal, on merits, in accordance with law and cannot keep the appeal pending unadjudicated.
In the circumstances, the writ petition is disposed of directing the third respondent to take up the said appeal, filed by the petitioner, issue notice to the contesting respondents and after hearing both parties, pass appropriate orders in the said appeal, expeditiously, preferably within a period of two (2) months from the date of receipt of a copy of this order. As a sequel, miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J July 24, 2014 DSK