Moluguri Venkateshwarlu v. The State Of Telangana And 5 Others

HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.18309 OF 2019 ORDER:

Heard Sri N. Srushman Reddy, learned counsel for petitioner, learned Government Pleader for Revenue appearing for respondent Nos.1 to 4 and Sri Kondadi Ajay Kumar, learned counsel for respondent No.5.

2. According to the petitioner, though he is a joint owner of land to an extent of Acs.2.04 guntas and Acs.2.28 guntas in Survey Nos.20 and 21 respectively of Naspur Village, Mancherial Mandal, Mancherial District, unofficial respondents got their names mutated in revenue records behind back of the petitioner and the same is illegal. According to the petitioner, he came to know all such illegal actions of unofficial respondents only when he verified that some development activity is going on in the said land as layout was prepared and the land was divided into house plots and are being sold. Immediately, thereafter the petitioner preferred an appeal before the Revenue Divisional Officer and the same is pending consideration. While so, this writ petition is filed praying to declare the action of the Tahsildar, Naspur Mandal in making entries in revenue records in favour of respondent Nos.5 and 6 for the above extents of land without notice and an opportunity to the petitioner as illegal.

PNR,J W.P. No.18309 of 2019

3. The learned Government Pleader submits that the appeal is numbered as G/912/2019 and is pending consideration of the Revenue Divisional Officer.

4. Since the aforesaid issue is pending before the appellate authority in the appeal preferred by the petitioner under Section 5B of the Telangana State Rights in Land Pattadar Passbooks Act, 1971, this Court is not inclined to entertain this writ petition. However, it is open to the petitioner to pursue the remedies that are available to him in law. It is needles to observe that the Revenue Divisional Officer shall dispose of the said appeal expeditiously after affording opportunity to both sides.

5. With the above observation, the Writ Petition is disposed of at the admission stage itself. In the circumstances, there shall be no order as to costs.

As a sequel, miscellaneous petitions, if any, pending in the writ petition shall stand closed.

________________________ JUSTICE P. NAVEEN RAO, August 23, 2019 Mgr