Pentamidi Gouramma v. The State Of Telengana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.4767 of 2019 ORDER:

The prayer of the petitioner in this case reads as under: 'For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue a Writ, Order or Direction more particularly a WRIT OF MANDAMUS the action of the Respondent No.5 not issued the Pattadar Pass Book, Raithu Badhu Cheques to the Petitioner pertaining to land in Sy.no.449/106, 107 extent of Accr.02-00, Accr.01-10 guntas total accr.03-10 guntas situated at Marikal village, Dhandwada Mandal, Narayanpet District the petitioner filed Writ Petition No.29352 of 2018 this Honourable court pleased to direct the respondents to examine the petition of the applicant but the Respondent No.5 after receipt of the contempt notice Dated 25-02-2019 Respondent No.5 issued Endorsement No3/137/2019 dated 28-02-2019 the action of the Respondent No.

5 is arbitrary, illegal and unconstitutional and violative of Articles 14 and 16 of the Constitution of India and to pass such other order or orders as this Hon'ble Court may deem fit, just and proper in the circumstances of the case.' The petitioner is provided an efficacious remedy in the form of a revision under Section 9 of the Telangana Rights in Land and Pattadar Pass Books Act, 1971, if she is aggrieved by the impugned Endorsement dated 28.02.2019 of the Tahsildar, Marikal Mandal, Narayanpet District. Without taking recourse to the statutory remedy available to her, the petitioner chose to file this writ petition.

The scope of the statutory revision would be far wider than the enquiry that can be undertaken by this Court in exercise of writ jurisdiction. Therefore, it would be in the interest of the petitioner to first invoke the statutory revisionary remedy available to her.

The writ petition is accordingly dismissed leaving it open to the petitioner to do so in accordance with the due procedure. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTI CE SANJAY KUMAR Date:08.03.2019 GJ