ORDER:

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue for the respondents.

2. The issuance of notice to the 4th respondent is dispensed with in this writ petition as no prejudice would cause to him even if it is disposed of in his absence.

3. The grievance of the writ petitioner is that, the 2nd respondent issued the impugned notice dated 25.03.2023 at the instance of the 4th respondent in respect of the pendency of the suit between the petitioner and the 4th respondent in O.S.No.95 of 2021 on the file of Principal Junior Civil Judge, Piler.

4. The learned counsel for the petitioner submits that, the 2nd respondent vide proceedings dated 17.02.2023 deleted the subject property in an extent of Acre 1.00 cents in Survey No.1955/2A from the prohibited properties list under Section 22-A (1) (e) of the Registration Act, 1908. Consequently, the petitioner sold away the said property under a registered sale deed dated 25.02.2023. Then, the purchaser’s name was also mutated in the Pahani copy dated 24.03.2023 for the subject land. But the 4th respondent along with the other initiated action in O.S.No.95 of 2021 on the file of Principal Junior Civil Judge, Piler against the petitioner for the subject land on the pretext that, there is a sale agreement dated 15.02.2008 and sought for execution of the specific performance of contract. In the meanwhile, having not satisfied with the initiation of the suit, the 4th respondent also approached the 2nd respondent by way of grievance petition alleging that, certain false entries were made in the revenue records with respect to the subject land in an extent of Acres 1.00 cents in Survey No.1955 of Doddipalli Revenue Village. In pursuance of the same, the 2nd respondent in turn, issued the impugned notice dated 25.03.2023 to the petitioner also calling for enquiry to produce the necessary documents of the subject land on 01.04.2023 at 11.00 AM in the Office of the 2nd respondent. Aggrieved by the same, this writ petition is filed.

5. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents submits that, the enquiry contemplated is only to ascertain the facts whether there was any falsification of entries in the revenue records with respect to the subject land as alleged by the 4th respondent. Merely because the suit for specific performance is pending between the 4th respondent and the petitioner it does not preclude for the 2nd respondent to proceed with the enquiry under the impugned notice dated 25.03.2023.

6. In view of the above said facts and circumstances, this Court finds force with the contention of the learned Assistant Government Pleader for the respondent Nos.1 to 3 to the effect that, the enquiry contemplated by the 2nd respondent under the impugned notice dated 25.03.2023 would not come in the way of the suit proceedings pending before the Civil Court. In view of the same, the petitioner and the 4th respondent are directed to participate in the enquiry before the 2nd respondent pursuant to the impugned notice dated 25.03.2023 in order to substantiate their claims. Accordingly, the 2nd respondent is directed to complete the enquiry pursuant to the impugned notice dated 25.03.2023 as expeditiously as possible strictly in accordance with law within a period of four (04) months from the date of receipt of this order. The petitioner, the 4th respondent and other parties concerned shall be heard by giving due opportunity to them and upon verification of the records and the subject land, the appropriate decision shall be taken on its own merits.

6. Accordingly, the writ petition is disposed of. There shall be no order as to costs.

As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.

_______________________________ JUSTICE B KRISHNA MOHAN

10.04.2023

PGT/KLK