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2015 Supreme(AP) 880

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Vilas V. Afzulpurkar, J.
Syed Raheemuddin - Appellants
Vs.
State of Telangana and Ors. - Respondent
WP No. 26402 of 2015
Decided On : 26-08-2015

Advocates Appeared:
For the Appellant : Srinivas Emani
For the Respondents: Government Pleader

Headnote:

Civil Law – A.P. Rights in Land and Pattadar Passbooks Rules, 1989 – Rule 19(2) – Petitioner seeks to question order of third respondent in Proceedings wherein the mutation relating to land was ordered in favour fourth respondent under Act, 1989 – Petitioner reiterates that petitioner had no notice of passing of the aforesaid order by Tahsildar, he points out that the petitioner had filed implead petition opposing request of fourth respondent and since Tahsildar had hurriedly reserved the matter without giving opportunity to the petitioner, he had approached the Collector by way of application on which Collector had endorsed Tahsildar to take appropriate action if found correct and re-open hearing – Accordingly matter is stated to have been re-opened. However, the petitioner Counsel states that he was not aware of the same and came to know of impugned order much later, as the order was also not marked to him – Held, If a party thinks that the happenings in Court have been wrongly recorded in a judgment, it is incumbent upon the party, while the matter is still fresh in the minds of the Judges, to call the attention of the very Judges who have made the record. That is the only way to have the record corrected. If no such step is taken, the matter must necessarily end there. It is not open to the appellant to contend before this Court to the contrary – Requirement under Rule 19(2) of the A.P. Rights in Land and Pattadar Passbooks Rules, 1989 is mandatory – Petitioner himself filed an implead petition, which was allowed and he is stated to have attended case on a number of times during 1 (sic) years – In view of what is recorded in impugned order – Therefore extraordinary jurisdiction of this Court against said impugned order cannot be invoked, as the principles of natural justice cannot be said to have been breached while passing of impugned order – Petitioner is at liberty to file an appeal against said order, if he so desires and petitioner is also at liberty to make appropriate application for condonation of delay, if required, as order copy having not been served on him and on the ground of subsequent knowledge of the impugned order – Petition is dismissed (Paras 6 and 7)

ORDER :

Vilas V. Afzulpurkar, J.

1. Petitioner seeks to question the order of the third respondent in Proceedings No. B/1589/2014 dated 29.5.2015 wherein the mutation relating to Acs. 5.00 guntas in Sy. No. 586 of Nadergul Village, Saroornagar Mandal, Ranga Reddy District was ordered in favour the fourth respondent under the A.P. Rights in Land and Pattadar Passbooks Act (for short 'the Act'). Though the said order on the face of it is appealable under the Act, in view of the contention of the petitioner that he had no notice of passing the said order, I had heard the learned Counsel for the petitioner on 24.8.2015 and after hearing the matter, the learned Government Pleader was required to get instructions. Petitioner Counsel also sought time to verify, hence, the writ petition is posted to today.

2. Though the learned Counsel for the petitioner reiterates that the petitioner had no notice of passing of the aforesaid order by the Tahsildar, he points out that the petitioner had filed implead petition opposing the request of the fourth respondent and since the Tahsildar had hurriedly reserved the matter without giving opportunity to the petitioner, he had approached the Collector by way of application dated 27.7.2015 on which the Collector had endorsed the Tahsildar to take appropriate action if found correct and re-open the hearing. Accordingly, the matter is stated to have been re-opened. However, the petitioner Counsel states that he was not aware of the same and came to know of the impugned order much later, as the order was also not marked to him."

3. I find difficult to accept the said contention in view of the specific para in the impugned order, which records about the presence of the petitioner, the said relevant para is extracted hereunder:

"The other Sr. Syed Raheemuddin who impleaded and attended the case in number of times, during the enquiry of the case which is under enquiry sine 1(sic) years has filed affidavit on 27.7.2014 requesting this authority to re-open of the case as final chance for filing counter-affidavit. Accordingly the case has been re-open and fixed for final enquiry on 7.2.2015 issuing notices to all the concerned for filing counter-affidavit and also arguments by both the parties. But the individual who requested for re-open of the case has not attended the case on the said enquiry and also not filed counter-affidavit in the case. For which it is clearly shows that the individual has not have any interest and voluntarily knowing all the issues in the matter avoiding to defend the case within an intention to prolong the case and not to final the issue."

4. What is recorded in the order cannot be disputed by the petitioner before a superior Court in view of the ratio of the Supreme Court in the following decisions. In State of Maharashtra v. Ramdas Shrinivas Nayak and another, (1982) 2 SCC 463, the Supreme Court held in Paras 4 to 8 as follows,

"4. When we drew the attention of the learned Attorney General to the concession made before the High Court, Shri A.K. Sen, who appeared for the State of Maharashtra before the High Court and led the arguments for the respondents there and who appeared for Shri Antulay before us intervened and protested that he never made any such concession and invited us to peruse the written submissions made by him in the High Court. We are afraid that we cannot launch into an inquiry as to what transpired in the High Court. It is simply not done. Public Policy bars us. Judicial decorum restrains us. Matters of judicial record are unquestionable. They are not open to doubt. Judges cannot be dragged into the arena. "Judgments cannot be treated as mere counters in the game of litigation". Per Lord Atkinson in Somasundaran v. Subramctnian, AIR 1926 PC 136. We are bound to accept the statement of the Judges recorded in their judgment, as to what transpired in Court. We cannot allow the statement of the judges to be contradicted by statements at the Bar or by affidavit and other ev













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