Arkotam Shanker v. The Principal Secretary,

HON'BLE SRI JUSTICE S.V.BHATT W.P.No.24954 OF 2017 ORDER:

Heard Mr.T.V.Rajeevan for petitioner and the Assistant Government Pleader (Revenue) for respondents 1 to 5. The petitioner prays for the relief:

"...that this Hon'ble Court may be pleased to pass an appropriate writ or direction more particularly one in the nature of writ of Mandamus directing the 4th respondent to send the file bearing No.B/ROR/2460/2015 dt.09.10.2016 record with a direction to the 5th respondent to consider the case of the petitioner by issuing notices to all the affected parties and pass such........

The Assistant Government Pleader contends that the writ petition is not maintainable on the ground that this Court ought not exercise the jurisdiction under Article 226 of the Constitution of India for directing 4th respondent/ RDO, Mahabubnagar to send the file to 5th respondent/ Tahsildar, Kadthal Mandal. He further contends that the petitioner is not challenging an order/ proceeding and at the same time invoking the jurisdiction of this Court under Article 226 of the Constitution of India for transmitting the record from one officer to another. He stoutly objects to the maintainability of writ petition and prays for dismissing the same.

The counsel for petitioner could not show reasons justifying maintainability of writ petition and secondly submitted that a suitable reminder should be filed before 4th respondent for necessary directions in this behalf.

Having regard to the above circumstances, without further deliberation, I am satisfied the writ petition can be dismissed and is, accordingly, dismissed. There shall be no order as to costs. Consequently, pending miscellaneous petitions, if any, stand closed.

____________ S.V.BHATT, J 27th July, 2017 Lrkm