G.V.Sambashiva Rao v. Revenue Divisional Officer, Karimnagar.
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JULY TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.22388 of 2015 BETWEEN G.V.Sambasiva Rao ... PETITIONER AND The Revenue Divsiional Officer, Karimangar and others ...RESPONDENTS The Court made the following:
ORDER:- Heard.
2. Present writ petition is directed against the order of the Revenue Divisional Officer (RDO), which is the appellate authority under Section 5B of the A.P.Rights in Land and Pattadar Passbooks Act, 1971. Learned counsel for the petitioner, however, justifies the challenge to the said order in this writ petition on the ground that the order is ex facie untenable and the RDO has committed serious error on law and fact.
3. It is, however, not disputed by the learned counsel for the petitioner that the order is revisable under Section 9 of the Act, wherein the revisional authority is given vide powers to go into the questions of fact as well as law. Thus, when the petitioner has an efficacious alternative remedy, this writ petition cannot be entertained by this court bypassing the said remedy available to the petitioner.
Hence, giving liberty to the petitioner to avail such remedy, writ petition is disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J July 20, 2015 LMV