IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: AT HYDERABAD MONDAY, THIS THE SECOND DAY OF AUGUST TWO THOUSAND AND TEN PRESENT: HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY CIVIL REVISION PETITION No.5004 OF 2009 Between: Y. Rama Laxmi W/o. Krishnachary and others …. Petitioners AND Kacham Prakash S/o. Shankaraiah and others …. Respondents THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY CIVIL REVISION PETITION No.5004 OF 2009 JUDGMENT: This revision is directed against the order dated 16-09-2009 passed in F2/10249/07 on the file of the Joint Collector, Nalgonda, whereby and whereunder the appeal filed under Section 90 of the Andhra Pradesh (Telangana Area) Tenancy & Agricultural Lands Act, 1950 (for short, ‘the Act’) came to be dismissed as not pressed. 2. Respondent Nos.1 and 2 herein filed appeal under Section 90 of the Act before the Joint Collector, Nalgonda against the orders of the Revenue Divisional Officer, Bhongir whereby and whereunder, the ownership certificates under Section 38-E of the Act came to be granted in favour of respondents 3 to 10 herein. While the matter was pending before the Joint Collector, the petitioners herein filed an application seeking their impleadment as party respondents in the appeal. The appellate Authority, without considering their application for their impleadment, as party respondents, proceeded to dismiss the appeal as not pressed since the parties to the appeal stated to have compromised the dispute between them out of Court. Hence, this appeal. 3. Notice to the respondents came to be ordered on 27-10-2009. Despite notice being served on the respondents 3 to 10, they did not choose to enter appearance either in person or through counsel. 4. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Arbitration, appearing for respondents 11 and 12. 5. Learned counsel for the petitioners submits that the petitioners have purchased the property after the agricultural lands have been converted into the house plots, in which case question of granting occupancy certificate under Section 38-E of the Act, does not arise. A further submission has been made that the petitioners have filed application before the appellate Authority seeking their impleadment in the appeal and they also enclosed Photostat copies of the sale deeds under which, the house plots have been purchased by them. The appellate Authority without considering their application proceeded to dismiss the appeal as settled out of Court. 6. The factual aspect of the petitions being filed by the petitioners before the Appellate Authority seeking their impleadment is not contradicted by the Assistant Government Pleader for Arbitration appearing on behalf of respondents 11 and 12. In that view of the matter, the order impugned is set aside remanding the matter back to the Joint Collector, Nalgonda to consider the appeal filed by the respondents 1 and 2 herein afresh after giving opportunity to both the parties. 7. Accordingly, the Civil Miscellaneous Petition is allowed. There shall be no order as to costs. ______________________ B. SESHASAYANA REDDY, J August 02, 2010. KTL