Yata Ramulu v. The State Of Telangana

HONOURABLE SRI JUSTICE P.NAVEEN RAO Date: 16.04.2018 Between:

Yata Ramulu, S/o. Chinna Yadagiri, Aged about 57 years, Occu: Agriculture, r/o. Bandasomaram village, Bhongiri Mandal, Yadadri Bhongiri district and another. .....Petitioners and The State of Telangana, rep.by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

Petitioners claim to be owners and possessors of agricultural lands to an extent of Ac.10.11 guntas in Sy.No.62 and Ac.5.07 guntas in Sy.No.71 of Banda Somaram village of Bhongiri Mandal of Yadadri Bhongiri District. According to petitioners, said properties are mutated in their names, which are equally divided in respective survey numbers to petitioners. Petitioners now allege that there is an attempt made to mutate their lands in the name of Sri Maruthi Anjaneya Swamy temple i.e., 7th respondent. Petitioners claimed to have made representation on 28.03.2018 addressed to the District Collector and other revenue authorities requesting not to issue e-pass books and e-title deeds to Sri Maruthi Anjaneya Swamy Temple. Alleging inaction on the said representation, this writ petition is filed.

2.

Form-1B (Ex.P2) is information furnished by Tahsildar discloses extent of land owned by Ramulu in Sy.No.62/AA as Ac.5.0550 and in Sy.No.71 as Ac.2.2400 of Bandasomaram village. Whether similar information was published on any other extent disclosing as temple land is not brought on record. Even according to the terms of representation, petitioners only apprehend issuance of e-pass book and e-title deeds. In other words, so far no such pass books and title deeds are issued. Objection is filed on mere apprehension of alleged action of respondent authorities. Court is not inclined to entertain writ petition on the alleged illegal act even before a decision is made by competent authority in exercise of power of judicial review under Article 226 of the Constitution of

India. Power of judicial review is available against decision of the Administrative/Quasi-judicial authorities within well drawn parameters of judicial review only after a decision is made. Court cannot mandate competent authority to grant relief in a particular manner or to take a decision in a particular manner even before such authority applied his mind and decision is made. Apparently, as no decision is made, on mere apprehension, Court is not inclined to entertain writ petition. Writ petition is dismissed. It is always open to petitioners to work out their remedies as and when cause of action arises.

Pending miscellaneous petitions shall stand closed. No costs. ___________________________ JUSTICE P.NAVEEN RAO Date: 16.04.2018 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 16.04.2018 kkm