Telangana High Court
Nagaboina Veeraiah, vs The Additional Agent To The Govt. ... on 6 September, 2022
HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No. 11408 OF 2008
ORDER:
This present writ petition is filed seeking to issue a writ or direction more particularly writ of mandamus to declare the order passed by respondent No.1 in CMA No 36 of 2005, dated 29.12.2007 to the extent of remand i.e., to say directing the respondent No.3 for fresh enquiry against the deceased parties and to take necessary steps to proceed with the case and further directing the respondent No.2 to dispose of the case within one month from the date of receipt of the impugned by giving sufficient opportunity to the parties as illegal, arbitrary and unwarranted.
2. Today when the matter was taken up for hearing, learned counsel for the petitioner submits that in similar matter i.e., WP No.2197 of 2008, this Court on 04.03.2016, granted liberty to the petitioner therein to participate in the proposed enquiry that may be conducted by ::2::
the respondents and disposed of the writ petition with the following observation:
"It is no doubt true that the original proceedings were taken in the name of a dead person, who was a non-tribal. The petitioner herein is also a non-tribal. This is a transaction between two non- tribals. No tribal interest appears to have been involved in the proceedings.
Since the writ petition is filed challenging the order of remand, this Court is not inclined to entertain the same, but gives liberty to the petitioner to participate in the proposed enquiry that may be conducted by the 2nd respondent pursuant to the order of remand. It is needless to observe that in view of the interim stay granted by this Court by order dated 07.02.2008, the proceedings could not be taken up. In view of the disposal of the present writ petition, the 2nd respondent shall conduct the enquiry after giving due opportunity to the petitioner in accordance with law. "
3. Learned Assistant Government Pleader for Revenue for respondents does not raise any objection and submits that similar orders may be passed in this writ petition in terms of the order passed by this Court in WP No.2197 of 2008.
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4. Heard, learned counsel for the petitioner and learned Assistant Government pleader appearing for respondents.
5. In view of the submission made the counsels and without going into the merits of the case, the writ petition is disposed of directing the respondent No.2 to conduct the enquiry after giving due opportunity to the petitioner in accordance with law and the petitioner are at liberty to participate in the proposed enquiry that may be conducted by the respondent No.2 pursuant to the order of remand.
6. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
____________________________ N.V.SHRAVAN KUMAR,J 06.09.2022 SHA