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High Court for State of TelanganaWP/32861/2015dismissed

Shankar Naik, v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

2015-10-07Vilas V.Afzulpurkar3 pages

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.32861 of 2015 ORDER:

Heard.

The petitioner questions the order of the 3rd respondent in Rc.No.2350/2014/G, dated 25-03-2015, which has cancelled the pattadar passbooks and title deeds issued in favour of the petitioner and that the 4th respondent was directed to take necessary action to mutate the land in favour of the legal heirs of the original assignee equally. The petitioner is one of the legal heirs and the other legal heirs appear to have objected with regard to mutation of the entire land in favour of the petitioner. Therefore, the 3rd respondent conducted due enquiry, after notice to both parties and after hearing them, passed the present impugned order. The petitioner has an efficacious alternative remedy of preferring a revision under Section 9 of the A.P.Rights in Land and Pattadar Pass Book Act, 1971.

However, the learned counsel for the petitioner states that though the impugned order was stated to have been passed on 25-03-2015, the petitioner has stated in the affidavit before this Court that the same was communicated to him only in the month of June, 2015. Even after taking note of the said averment, the petitioner has to necessarily invoke the remedy of revision, which is very wide where the revisional authority can go into all questions raised by the petitioner. Hence, giving liberty to the petitioner to avail remedy of revision, the writ petition is dismissed. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed. _______________________

VILAS V.AFZULPURKAR, J Date: 07-10-2015 Prv HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR

W.P.No.32861 of 2015 07-10-2015 Prv