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High Court for State of TelanganaWP/7067/2015dismissed no costs

Balineni Nadipi Subbaiah v. The State Of Andhra Pradesh,

2015-03-18Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.7067 of 2015 ORDER:

Relief sought by the petitioner is not capable of being granted exercising the powers under Article 226 of the Constitution of India. Further, there is an adequate and elaborate procedure prescribed under the A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short, "the Act"), which provides for correction of anomalies; which the petitioner seeks to correct by way of an order from this Court. Further, the petitioner had not initially approached the respondents authorities bringing it to their notice about the anomalies and seeking redressal of his grievance. In view of the settled principles of issuance of mandamus that approaching the authorities and pointing out the deficiencies directly filing a writ petition itself is not maintainable and the same is liable to be dismissed. Accordingly, the writ petition is dismissed, giving liberty to the petitioner to approach the authorities under the Act. However, dismissal of the writ petition shall not be construed as expressing any opinion with regard to the merits of the matter.

The Miscellaneous Petitions pending, if any, shall also stand dismissed. However, in the circumstances, without costs. ____________________________ CHALLA KODANDA RAM,J Date:18.03.2015.

Gk.

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

WRIT PETITION No.7067 of 2015 Date:18.03.2015