ORDER:
HON’BLE SRI JUSTICE S.V. BHATT W.P.No.17925 OF 2008 The subject matter of the present writ petition is an extent of Ac.2-10 gts in Sy.No.358/C in Tharigoppula Village, Narmetta Mandal, Warangal District.
The petitioner assails letter No.B/4891/2008 dated 29.07.2008 issued by the 2nd respondent. The said letter was addressed by the 2nd respondent to 1st respondent on the application dated 12.05.2008 filed by the 4th respondent. I have perused the communication dated 29.07.2008. The communication states that the 4th respondent is in possession of the subject land under an arrangement with one Beereddy Marreddy, grandfather of petitioner herein. The communication also refers to the nature of dispute between petitioner and 4th respondent as a civil dispute between the parties. The learned counsel fairly draws the attention of this Court to the suit already the petitioner has filed in O.S.No.96 of 2008 in the Court of Junior Civil Judge, Jangaon for the relief of perpetual injunction against 4th respondent. The counter filed by the 1st respondent objects to the filing of the present writ petition on the ground that the application dated 12.05.2008 submitted by the 4th respondent is still pending consideration and no cause survives as on date. If the matter merits consideration under Section 5-B of the A.P. Rights in Land and Pattadar Passbooks Act, 1971, the 1st respondent will definitely consider proceeding further in the matter in accordance with law and the petitioner is put on notice. In this background, it is held that firstly the communication is inter-departmental communication and from that alone the petitioner cannot presume that adverse conclusion is already arrived at by the respondents. This position is also clarified by the 1st respondent by filing counter in the writ petition.
From the above, it is clear that the writ petition is premature and the same is accordingly dismissed. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
S.V. BHATT, J
17th June, 2014
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