Katta Srinivasa Rao v. The State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.32591 OF 2017 Dated:22.09.2017 Between:

Katta Srinivasa Rao, S/o. Ramanadham, Aged 52 years, Occ: Agriculture, R/o.Buddaram Village, Garla Mandal, Mahabubabad District .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.32591 OF 2017 ORDER:

Heard.

2.

Prayer of the petitioner is to issue a direction to the Tahsildar, Garla Mandal, Mahabubabad District, not to regularise any sale deed or agreement of sale that may be presented by the 4th respondent or issue pattadar passbook and title deed to him in respect of land to an extent of Ac.2.08 guntas in Survey No.32/AA of Buddaram Village, Garla Mandal, Mahabubabad District. 3.

The prayer itself would show that so far no such application is moved before the Tahsildar. Even otherwise, a detailed procedure is envisaged and the Tahsildar has to exercise his power by following due procedure as and when such application is filed for mutation of the names in the revenue records or for issuance of pattadar passbook and title deeds. Even before such an exercise is undertaken by the competent authority, no mandamus as sought for by the petitioner can be granted. Hierarchy of remedies are available to the aggrieved persons within the statutory framework and in a given circumstance, the aggrieved party can always invoke the jurisdiction of this Court, but the Court cannot interfere or mandate to follow a particular procedure even before the said exercise is undertaken by the competent authority. The Writ Petition is liable to be dismissed.

4.

The Writ Petition is accordingly dismissed as premature. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:22.09.2017 KH