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High Court for State of TelanganaWP/28407/2017dismissed

Duggirala Vijaya Mary, v. The State Of Telangana,

2017-08-24P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28407 OF 2017 DATED : 24.08.2017 Between :

Duggirala Vijaya Mary W/o.Rambabu, Aged 51 yrs, Occu : Coolie, R/o.H.No.8-88, Opp : R.C.M Church, Wyra Village and Mandal, Khammam District.

..

Petitioner And The State of Telangana, Rep., by Principal Secretary Revenue Department, Secretariat, Hyderabad & others.

.. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28407 OF 2017 ORDER :

Heard.

2.

Petitioner claims that she purchased land to an extent of Ac.3-20 guntas in Sy.Nos.108 and 109 at Medepalli Village, Enkuru Mandal, Khammam District on 06.10.2016. Petitioner claims that she is a Tribal but not local to the agency area and the land comes within the agency area. Alleging interference with the possession and enjoyment of the property by the vendor of petitioner's vendor, petitioner instituted O.S.No.61 of 2017 on the file of Sub-Divisional Magistrate & Special Assistant Agent (Mobile Court), Bhadrachalam (for short 'the Special Assistant Agent'). The said suit is pending consideration. Petitioner also filed I.A.No.70 of 2017 in the said suit, wherein, injunction was granted. 3.

It appears, aggrieved by the said order person by name Shaik Abdul Gafoor filed W.P.No.19027 of 2017 before this Court and this Court stayed the order of the Special Assistant Agent dated 14.03.2017. Petitioner independently prosecuting claim for issuance of pattedar pass books and title deeds. Learned counsel for the petitioner seeks to justify the independent claim for issuance of pattedar pass books and title deeds on the ground that she is in possession and enjoyment and in order to obtain loan from the bank for agricultural purpose, she needs pattedar pass books and title deeds.

4.

Since suit is pending before the Special Assistant Agent, and the writ petition thereon is pending before this Court, the

- 3 - petitioner cannot independently prosecute her grievance for grant of pattedar pass books and title deeds. Therefore, this Court is not inclined to entertain the writ petition and the same is liable to be dismissed.

5.

Accordingly, the Writ Petition is dismissed, leaving it open to the petitioner to work out her remedies in the pending suit as well as in the writ petition pending before this Court. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 24th August, 2017 Rds