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High Court for State of TelanganaWP/18569/2017disposed of no costs

Chedurupally Suresh Goud, S/O Anjaiah Goud, v. The State Of Telangana,

2017-06-09S.V.Bhatt4 pages

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.18569 of 2017 ORDER:

Heard Sri Naseem Ara, learned counsel for petitioner and the learned Assistant Government Pleader for Revenue. The petitioner aggrieved by the order presently impugned in this writ petition has filed a revision before the Collector, Ranga Reddy District-2nd respondent. The present writ petition among other grounds is filed complaining that the 2nd respondent is not taking up the stay petition filed by the petitioner and further having regard to a few circumstances, which are stated in the affidavit, the remedy available under Article 226 of the Constitution of India is an efficacious remedy against the order, dated 24-05-2017. I have perused the writ affidavit and this Court is of the view that as the issue arises under the A.P.

Rights in Land and Pattadar Passbooks Act, 1971 (for short 'the Act'), and keeping in view the scope and extent of jurisdiction, the revisional authority can exercise under the Act, the remedy of revision is already availed and hence the petitioner can work out the prayer in the Revision. On the ground that alternate remedy is already availed, this Court is not exercising its jurisdiction and examining the prayer against the order, dated 24-05-2017. However, the other complaint that the 2nd respondent is not giving date of hearing on the interim prayer made by the petitioner needs to be considered.

The petitioner is given liberty to seek for a date by enclosing a copy of this order before 2nd respondent in the pending revision. The 2nd respondent on receipt of such request considers giving a date and also passes orders as are deemed fit and proper in the circumstances of the case, after hearing the parties in this behalf within four weeks from such request.

With the above observation, the writ petition is disposed of. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed. ______________ S. V. BHATT, J Dt: 09-06-2017 Prv

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.18569 of 2017 09-06-2017 Prv