P. Ram Babu And Ano. v. Prl. Secy., Rev. Dept. And 4 ORS.

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.16487 OF 2017 ORDER:

This writ petition is filed, under Article 226 of the Constitution of India, for the following relief: "to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent in not considering the requests of the Petitioners for restoration of possession of assigned property of an extent of Ac 2-69 cents in RS No 82/4 of Brahmasamedyam Village Katrenikona Mandal East Godavari District after evicting the 5th Respondent as illegal arbitrary and violative of principles of natural justice and contrary to the provisions of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act 1977 and consequently direct the Respondents to restore the possession of the said property after due evicting of 5th Respondent and to pass."

2.

This Court finds that the appropriate remedy is to file a civil suit before the competent court for recovery of possession, as such, this writ petition is not maintainable and accordingly, the writ petition is dismissed.

3.

Miscellaneous petitions pending consideration, if any, in the Writ Petition shall stand closed in consequence. No order as to costs.

4.

Miscellaneous petitions pending consideration, if any, in the Writ Petition shall stand closed in consequence. No order as to costs.

_______________________________ A.RAMALINGESWARA RAO, J 07.02.2018 SS