Gangala Ashok, v. State Of Telangana,

THE HON'BLE SRI JUSTI CE A. RAJASHEKER REDDY WRI T PETI TI ON No.15329 of 2017 ORDER:

In this writ petition, the petitioners question the order dated 04.03.2016 passed by the Tahsildar, Mulugu Mandal, Medak District (presently Siddipet District), the fourth respondent herein. By the said order, the fourth respondent directed the concerned revenue authorities to take possession of the land admeasuring Ac.2.22 gts. in Sy.No.206 of Narsampally Village, Mulugu Mandal, which is stated to have been encroached upon by the petitioners, and restore the same to the Government.

The petitioners contend that they are in possession of the land admeasuring Ac.0.38 gts. each in Sy.No.206 of Narsampally Village, Mulugu Mandal, and that they were granted pattadar passbooks and title deeds in respect of the said lands. They further contend that they have not encroached upon any Government land but, alleging so, the fourth respondent passed the impugned order and pursuant thereto, the respondent authorities are trying to dispossess them from their lands. The petitioners also contend that though the impugned order was purported to have been passed on 04.03.2016, the same was communicated to them only on 20.04.2017.

Learned Assistant Government Pleader for Revenue states that an appeal lies against the impugned order. The same is not disputed by the learned counsel for the petitioners.

In view of the availability of efficacious alternative remedy of appeal against the impugned order, this Court is not inclined to entertain the writ petition.

The writ petition is accordingly dismissed granting liberty to the petitioners to avail the alternative remedy of appeal against the impugned order before the concerned authority. Since it is stated that there is a threat of dispossession of the petitioners from the subject lands, status quo obtaining as on today as regards the possession of the said lands shall be maintained for a period of three weeks, so as to enable the petitioners to avail the alternative remedy of appeal within the said period. As a sequel, pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

____________________ A. RAJASHEKER REDDY, J 26th April, 2017 IBL