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Judgment
Gannamaneni Ramakrishna Prasad, J
Heard Sri K.V.L. Narasimha Rao, Ld. Counsel for the Writ Petitioner and Sri Arjun Chowdary, Ld. Asst. Government Pleader for Revenue.
Learned Counsel for the Writ Petitioner submits that the Unofficial Respondent herein had initially filed a suit for Permanent Injunction bearing O.S.No.200 of 2010 before the Court of the Principal Civil Judge (Junior Division), Chittor. Vide Judgment and Decree dated 26.04.2016, the said suit was dismissed. The Unofficial Respondent carried the same in an appeal bearing A.S.No.85 of 2016 before the Court of Principal District Judge, Chittor. Vide Judgment and Decree dated 13.06.2019, the said first Appeal (A.S.No.85 of 2016) is also dismissed. Learned Counsel for the Writ Petitioner submits that this has attained finality.
Thereafter, the Unofficial Respondent has filed O.S.No.420 of 2016 for Declaration and Recovery of Possession. Learned Counsel would submit that the same is pending. He would submit that in the light of these facts, the Revenue Divisional Officer, Palamaner (Respondent No.3) ought not to have undertaken the said enquiry at the behest of the Unofficial Respondent.
At this stage, Sri Arjun Chowdary, learned Asst. Government Pleader has drawn the attention of this Court to the R.O.R Appeal filed before the Revenue Divisional Officer, Palamaner (Ex.P.4) and would contend that the Unofficial Respondent No.5 has not disclosed any of the above facts in the Appeal.
It is noticed by the Court that the subject property in dispute has already been dealt with by the Civil Courts, as noted above. Whereas, the Unofficial Respondent No.5 has not disclosed these facts in the Appeal filed by him, before the Revenue Divisional Officer, Palamaner (Ex.P.4). In this view of the matter, this Court is of the opinion that the Writ Petitioner should approach the Revenue Divisional Officer, Palamaner (Respondent No.3) and bring it to his notice about the above mentioned facts.
Under these circumstances, this Court deems it appropriate to dispose of this Writ Petition at the admission stage, without going into merit directing the Writ Petitioner to approach the Revenue Divisional Officer, Palamaner (Respondent No.3) by filing preliminary objections bringing it to his notice about the afore noted facts. Learned Counsel for the Writ Petitioner has informed that, the R.O.R Appeal is posted for further enquiry before the Revenue Divisional Officer, on 22.02.2025. Therefore, the Writ Petitioner is directed to file preliminary objections on or before 22.02.2025 before the Revenue Divisional Officer, Palamaner (Respondent No.3).
The Revenue Divisional Officer, Palamaner (Respondent No.3) shall consider the preliminary objections and pass a Speaking Order in accordance with law and on the merits, as regards the preliminary objections raised by the Writ Petitioner, within three weeks thereafter.
The enquiry initiated by the Revenue Divisional Officer, Palamaner (Respondent No.3) vide Roc.C/2007/2024(G/599/2021), dated 16.01.2025 shall remain suspended till the final Orders are passed by the Revenue Divisional Officer, Palamaner (Respondent No.3) on the preliminary objections.
With these observations and directions, this Writ Petition stands disposed of. No order as to costs. Needless to state that the Revenue Divisional Officer, Palamaner (Respondent No.3) shall give an opportunity to the Unofficial Respondent also before passing the final order.
Interlocutory Applications, if any, stand closed in terms of this order.