PERURI VENKATA CHINNA KRISHNNAIAH Vs. THE JOINT COLLECTOR

JUDGEMENT

(1.) THIS writ appeal has been filed questioning the judgment and order of the Hon'ble single Judge Dt. 27.6.2014 by which His Lordship has been pleaded to dismiss the writ petition declining to grant relief as prayed therein.

(2.) SHORT facts leading to preferring this appeal are as follows. The appellant - writ petitioner's uncle, namely, Peruri Varaha Laxminarasimha Rao before his death is alleged to have executed last Will dated 11.06.2005. After death of his uncle, on the strength of this document, which is unregistered one, the appellant made an application for rectification of revenue record in relation to the property, allegedly bequeathed in his favour. The third respondent Tahsildar accordingly pursuant thereto had rectified the revenue record and issued pattadar pass book.

(3.) THE basis of filing of the revision application by the appellant was that the appellate authority would not have entertained the appeal under the Statute as he filed a civil suit before the Civil Court where necessary relief was sought for touching the legality and validity of the Will relating to disposition of the property. The appellate authority overruling this objection decided the matter allowing the appeal on 8.3.2007. The revision application was filed reiterating the same contention unsuccessfully. The writ petition was filed thereafter on 9.4.2008 then the suit filed by the appellant was pending and it was dismissed on 21.12.2012 by detailed and reasoned judgment by the learned Senior Civil Judge. It appears that the Civil Court thoroughly disbelieved story of execution of the alleged Will. Consequently declaration of right was not granted in favour of the appellant.