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High Court for State of TelanganaWP/20899/2017dismissed no costs

Mohd. Hussain S/0 Muqtham Khaja, v. The State Of Telangana, Rep By Its Principal Secretary

2017-06-28S.V.Bhatt4 pages

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.20899 of 2017 ORDER:

The petitioner relies upon Ex.P-2 to contend that the name of petitioner's father is shown in 1-B Register for Sy.No.13 of Ghanpur village and Mandal, Wanaparthy District and makes comparison with Ex.P-3 and contends that the columns dealing with pattadar and father's name are changed and for the present, the name of Gangaram Gouramma is shown by deleting the name of petitioner's father. Therefore, the petitioner prays for the following relief :- " ...... to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus to direct the respondent to take necessary action against the 3rd parties who is encroacher not to create in the suit land brick manufacture without permission of the respondent and concerned authorities and further stop the work without permission/ licence to dig the land by 3rd parties and others......"

After hearing Sri Mohd.Afzal, learned counsel for petitioner, perusing the prayer and Ex.P-3 on which the cause of action is made out, this Court is of the view that the prayer, as it stands now, cannot and ought not to be considered under Article 226 of the Constitution of India.

The petitioner, if aggrieved by the change of names in 1-B Register maintained under the A.P.Rights in Land and Pattadar

Passbooks Act, 1971, has to work out remedy by filing appeal before the Revenue Divisional Officer. This Court, even for limited purpose of examining the prayer made in the writ petition, is not inclined to exercise its jurisdic tion or discretion. The writ petition fails and is accordingly dismissed. However, liberty is given to work out remedies, if available, under the Act.

Miscellaneous petitions, if any, pending, shall stand closed. No order as to costs.

_____________ S. V. BHATT, J Dt: 28-06-2017 Prv

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.20899 of 2017 28-06-2017 Prv