Enugula Malla Reddy v. The State Of Telangana

HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.524 OF 2019 O R D E R:

The prayer of the petitioner in this case reads as under: "For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble court may be pleased to issue an appropriate Writ, Order or direction, more particularly a Writ in the nature of Writ of Mandamus, declaring the action of respondents, particularly the 4th respondent in made entries in the names of the 5th to 8th respondents for the land inSy.No.465/B2 for extent of Ac.2.18 gts, in Sy.No.466 for an extent of Ac.1-18 gts, Ac.0.21 gts in Sy.No.466/2, Sy.No.466/A, an extent of Ac.0-26 gts and an extent of Ac.

0-21 gts respectively situated at Vangapahad Village, Hasanparthy Mandal, Warangal District, as illegal, arbitrary, violation of Principles of natural justice and contrary to the mandatory of the AP Rights in Land and Pattadar Passbooks Act, 1971 ad consequently set-aside the entries, the names of the 5th to 8th respondents for the land in Sy.No.465/B2 for extent of Ac.2-18 gts, in sy.No.466 for an extent of Ac.118 gts, Ac.0-21 gts in Sy.No.466/2, Sy.No.466/A, an extent of Ac.0-26 gts and an extent Ac.0-21 gts situated at Vangapahad Village, Hasanparthy Mandal, Warangal District and pass order or orders as this Hon'ble Court may deem fit in the circumstances of the case."

The Telangana Rights in Land and Pattadar Passbooks Act, 1971, affords an effective alternative remedy to the petitioner if he is aggrieved by the entries made in the revenue records in favour of respondent Nos.5 to 8 in relation to the subject lands in Vangapahad Village, Hasanparthy Mandal, Warangal District. The scope of such statutory remedy would be far wider that a Writ Petition field under Article 226 of the Constitution. That being so, this Court is not inclined to entertain this Writ Petition and adjudicate the issues raised herein on merits. The Writ Petition is accordingly dismissed leaving it open to the petitioner to invoke the statutory remedy available to him in accordance with law.

Pending Miscellaneous Petitions, if any, shall also stand dismissed. No order as to costs.

__________________________ JUSTICE SANJAY KUMAR 21st January, 2019 Kvsn