Mettu Sreenu Reddy v. State Of Telangana

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.5578 OF 2016 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue.

This Writ Petition is directed against the order passed by the Tahsildar, Bibinagar Mandal, Nalgonda District, the 4th respondent, in Rc.No.B/1987/2015, dated 16.12.2015. By the said order, while granting equal shares to the petitioner and his brother, the 4th respondent declined to grant mutation to the petitioner with regard to Survey Nos.109, 110, 145 admeasuring Ac.0.06 guntas, Ac.0.081⁄2 guntas and Ac.0.03 guntas, respectively, at Nemarugomula Village, Bibinagar Mandal, Nalgonda District. The rejection of mutation to that extent is questioned by the petitioner on various grounds.

I, however, find that the order passed by the 4th respondent is appealable under the provisions of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971. Therefore, there is no justification in approaching this Court by way of this Writ Petition, since the petitioner has an efficacious alternative remedy available, as he does not claim that the 4th respondent either lacks jurisdiction or the validity of the order is in questioned on violation of principles of natural justice. The Writ Petition is accordingly dismissed. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in the Writ Petition

shall stand closed.

____________________________ VILAS V.AFZULPURKAR, J Date:22.02.2016 KH