Disposed of a writ appeal regarding the dismissal of a writ petition, observing that despite documentation issues, the alternative remedy of a civil suit remained efficacious.
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THE HON’BLE SRI JUSTICE RAKESH KUMAR AND THE HON’BLE MS JUSTICE J.UMA DEVI
WRIT APPEAL No.316 of 2020
(Taken up through video conferencing)
JUDGMENT: (Per Hon’ble Sri Justice Rakesh Kumar)
Heard Sri Sita Ram Chaparla, learned counsel for the appellants, Sri G.L.Nageswara Rao, learned Government Pleader for Revenue and Sri M.M.M.Srinivasa Rao, learned counsel, who has appeared on behalf of private respondent No.5.
The present appeal has been preferred against the order dated 20.08.2020 passed in W.P.No.14411 of 2020. By the said order, the writ petition was dismissed. While dismissing the writ petition, it was observed that the petitioners may approach the civil Court and file a suit.
Learned counsel for the petitioners tried to persuade this Court that the said order was passed by the learned Single Judge primarily on the ground that the petitioners had failed to bring on record documents, which were relied upon by respondent No.2 while recording finding in paragraph Nos.37 to 40. It was submitted by learned counsel for the appellants/writ petitioners that those documents are now available to the petitioners and those documents have been brought on record in the present appeal.
On examining the impugned order, prima facie it is evident that the writ petition stood dismissed since the petitioners were having efficacious alternative remedy for moving the civil Court for deciding the issue. However, in the order a reference was made regarding non production of certain documents, which were
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referred by respondent No.2 in its finding recorded in paragraph Nos.37 to 40. Normally, in appeal this Court may not examine those documents, which were not placed before the writ Court. In that view of the matter, we are of the considered opinion that of course as per the order of the writ Court, the petitioners were required to approach the civil Court but even if they are aggrieved regarding rejection of the writ petition due to non production of documents, which now they are having, the writ appellants instead of filing the present appeal would have approached the writ Court with those documents for review of the order.
In view of the aforesaid facts and circumstances, the Writ Appeal stands disposed of. If the appellants are so advised, they may avail appropriate remedy. There shall be no order as to costs.
As a sequel, Miscellaneous Petitions, if any, pending in this Writ Appeal shall stand closed.
___________________________ JUSTICE RAKESH KUMAR
______________________ JUSTICE J.UMA DEVI
Date: 09.11.2020 Ivd
Appellants
Government Pleader for Revenue
Private Respondent No.5
Rakesh Kumar
J. Uma Devi
As recorded by the court registry
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