Telangana High Court
WP/24948/2004 of Abdul Wahab Vs The Joint Collector on 31 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 24948 of 2004 Between: Abdul Wahab S/o late Nandyal Rasool Sab R/o MACCA Masjd,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 24948 of 2004
Between:
Abdul Wahab S/o late Nandyal Rasool Sab
R/o MACCA Masjd, Mahabunbnagar District. -509 001
AND
..... PETITIONER
The Joint Collector, Collector Office,Mahabubnagar.
.....RESPONDENT
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toIssue a writ order or direction more particularly one in the nature of writ of Mandamusdeclaring the action of the respondents in not disposing the appeal No.D1/9/2000pending before Reserve for orders since two years, and also direct the respondent todispose of the said Appeal No.D1/9/2k, interest of Justice .
Counsel for the Petitioner: MR. M.D.AFZAL
Counsel for the Respondent: GP FOR REVENUE
The Court at the admission stage made the following :
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ORAL ORDER:
Heard both sides and with their consent, the writ petition is disposed of at the stageof admission.
The case of the petitioner is that his father was pattedar of Ac.15.30 guntas of land inSy. No. 504 of Kaukuntla village in Devarakadra Mandal and taking advantage ofhis old age two persons viz., Pebbati Govind and Pebbati Masi Reddi occupied thesaid land and obtained pass books from the Mandal Revenue Officer, DevarakadraManal vide proceedings No. PS/ROR/202/94. After the death of his father in 1996,the petitioner states that when he applied for grant of Succession Certificate, theMandal Revenue Officer, cancelled the patta granted in favour of Govind and MasiReddy, and issued Succession Certificate in favour of the petitioner and his brothervide proceedings No. B1/2339/ROR/96. Aggrieved thereby, the said Govind andMasi Reddy preferred appeal before the Revenue Divisional Officer, Narayanpet,Mahaboobnagar, and while the said appeal is pending, the Revenue DivisionalOfficer, cancelled the Succession Certificate granted in favour of the petitioner andhis brother, vide proceedings F/1666/2000, dated 15-7-2000. Aggrieved by thesame, the petitioner claims to have preferred an appeal before the Joint Collector- respondent, which was registered under ROR Act vide No. D1/9/2000.
It is his grievance that though respective counsel advanced arguments two yearsback in the appeal, and though the appeal has been posted for orders, therespondent has not passed any orders on the appeal, and therefore, the petitionerfiled this writ petition, seeking directions to the respondent to dispose of the appealpending before him.
Inasmuch as the appeal filed by the petitioner is said to be pending before therespondent, without going into the merits of the case, I deem it appropriate todispose of the writ petition with the following directions:
The respondent is directed to consider and dispose of the appeal said to have beenpreferred by the petitioner against the orders of the Revenue Divisional Officer, inaccordance with law, expeditiously. No costs.
SD/- P.V.RADHAKRISHNA RAO
ASSISTANT REGISTRAR
// TRUE COPY //
SECTION OFFICER
To:
1. The Joint Collector, Collector Office,Mahabubnagar.Mahabubnagar.
2. Two C.Cs to G.P.for Revenue, High Court of A.P., Hyderabad (OUT)
3. Two C.D.copies.
P.M.
DATED: 31-12-2004
ORDER
WP.NO. 24948 OF 2004
Disposing of the WPWithout costs.