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High Court for State of TelanganaWP/40862/2015dismissed

Chiramana Kathyayani, W/O. Mohan Rao, v. The State Of Andhra Pradesh, Rep.By Its Principal Secretary

2015-12-16C.V.Nagarjuna Reddy3 pages

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.40862 of 2015 Date: 16.12.2015 Between:

Chiramana Kathyayani .. Petitioner and The State of A.P., rep. by its Prl.Secretary, Endowments Department, Hyderabad and 3 others.

.. Respondents Counsel for the petitioner: Mr.Prakash.C Counsel for respondent Nos.1 & 2: AGP for Endowments (AP) The Court made the following:

O r d e r :

Feeling aggrieved by the action of respondent No.3 in auctioning the leasehold rights of the agricultural land admeasuring Acs.2.04 cents in Survey No.354/1 of Anantapur Village, T.P.Gudur Mandal, SPSR Nellore District, the petitioner filed this Writ Petition.

The petitioner claims that she is the owner of the above mentioned property and in support thereof, she has filed pattadar pass book and title deeds. In my opinion, if the petitioner claims ownership over the subject property, the appropriate remedy for her is to avail the common law remedies either under the provisions of the A.P.Charitable and Hindu Religious Institutions and Endowments Act, 1987, or under the provisions of the Code of Civil Procedure, 1908, on proper legal advice as the issue relating to title dispute cannot be adjudicated in a Writ Petition. In this view of the matter, the Writ Petition is dismissed without expressing any opinion on the merits of the case and with liberty to the petitioner to

avail appropriate alternative legal remedies available to her in law.

As a sequel to dismissal of the Writ Petition, WPMP.No.52747 of 2015, filed by the petitioner for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) Dt: 16th December, 2015 lur