Asthapuram Mallaiah v. The State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.12024 of 2019 ORDER:

The prayer of the petitioner in this case reads as under: 'For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a Writ, order or direction especially one in the nature of Writ of Mandamus declaring the Order in File No.D1/170/2015, dated 22.04.2019, as illegal, arbitrary and violation of the provisions of the Rights in Land and Pattadar Pass Books Act, 1971, and consequently, set aside the same, and pass such other order or orders as are deemed fit and proper.'

In the event the petitioner seeks to assail a revisionary order, he necessarily has to ask for a writ of certiorari to quash it. A writ of mandamus would not lie to declare such an order illegal. The prayer is therefore misconceived.

The writ petition is accordingly dismissed leaving it open to the petitioner to file a writ petition with a proper prayer. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTI CE SANJAY KUMAR Date:18.06.2019 GJ