A. Venkateshwar Reddy v. The State Of Telangana

HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.6945 of 2019 ORDER:

The petitioner is aggrieved by the rejection Memo dated 20.6.2018 issued by the Tahsildar, Saidabad Mandal, Hyderabad District, communicating the decision of the Committee constituted under G.O.Ms.No.92, Revenue (ULC) Department, dated 26.5.2016 to the effect that as the Government had already constructed a compound wall prior to 2014 and was in possession even before issuance of G.O.Ms.No.92 dated 26.5.2016, the petitioner's application for regularisation of the subject land admeasuring 293 square yards situated in T.S.No.8/1, 2, Block-A, Ward-172 of Saidabad Village, Saidabad Mandal, Hyderabad District, had been rejected.

Learned Assistant Government Pleader for Revenue, State of Telangana, would point out that G.O.Ms.No.92 dated 26.5.2016 itself provides a remedy to the petitioner if he is aggrieved by the decision of the Committee.

Perusal of clause 19 of G.O.Ms.No.92 dated 26.5.2016 bears out this fact. The said clause provides that the Joint Collector concerned would be the Grievance Redressal Authority in the matter, if any, and he may give directions to the Committee as he deems fit. The Joint Collector is therefore assigned a higher position over and above the Committee and can overrule its decision.

SK, J WP.No.6945 of 2019 Dt:02.4.2019 In that view of the matter, this Court is not inclined to entertain this Writ Petition and adjudicate the issues raised herein. It is for the petitioner to invoke the efficacious alternative remedy provided to him under G.O.Ms.No.92 dated 26.5.2016 if he is aggrieved by the rejection Memo dated 20.6.2018. Leaving it open to the petitioner to do so, the Writ Petition is dismissed. It is made clear that this Court has not gone into the merits of the matter and it is for the Grievance Redressal Authority to independently adjudicate upon all issues in the event the petitioner goes before it, uninfluenced by the dismissal of this Writ Petition. Pending Miscellaneous Petitions, if any, shall also stand dismissed. No order as to costs.

________________________ JUSTICE SANJAY KUMAR 02nd April, 2019 dr