State Bank Of Hyderabad Employees Cooperative Housing v. The State Of Telangana,
HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.25989 of 2015 Date: 18-08-2015 Between:
State Bank of Hyderabad Employees Cooperative Housing Society Limited, represented by its Secretary, L.B. Nagar, Hyderabad .... Petitioner AND The State of Telangana, represented by its Principal Secretary, Revenue Department, Hyderabad and 3 others .... Respondents HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.25989 of 2015 ORDER:
This writ petition is filed for a mandamus declaring the action of the 3rd respondent for permission Lr.No.B/1342/2015, dated 03-07-2015 in favour of the 4th respondent permitting to dig a new bore well in Plot No.107, SBH Colony, L.B. Nagar, Bahadurguda village, Saroornagar Mandal for drawing water for domestic use by violating Sections 9, 10 and 11 of the Telangana Water, Land and Trees Act, 2002 (WALTA Act) and for a consequential direction to the 3rd respondent to seize the bore well of the 4th respondent.
When the matter is taken up for hearing, the learned Assistant Government Pleader for Revenue (Telangana) states that against the impugned proceedings dated 03-07-2015, the
petitioner has alternative remedy of appeal under Section 33 of the Telangana Land, Water and Trees Act, 2002 (WALTA Act) and the same is not disputed or denied by the learned counsel for the petitioner.
Therefore, in view of the fact that the petitioner has alternative remedy of appeal against the impugned proceedings as provided under Section 33 of the WALTA Act, the writ petition is liable to be dismissed.
Accordingly, the writ petition is dismissed giving liberty to the petitioner to avail alternative remedy of appeal as provided under Section 33 of the WALTA Act against the impugned proceedings. There shall be no order as to costs. _____________________ A. RAJASHEKER REDDY, J Date: 18-08-2015 Ksn