High Court for State of TelanganaWP/33714/2015disposed of no costs

Y.Prabhakar Reddy v. The State Of Telangana,

2015-10-12Vilas V.Afzulpurkar2 pages

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.33714 OF 2015 ORDER:

Heard learned Senior Counsel for the petitioners and learned Government Pleader for Revenue appearing for respondents 1 to 5. The petitioners are aggrieved by the order, dated 12.12.2012, of the Revenue Divisional Officer, Khammam District, the 4th respondent, in ROR Appeal No.A3/4722/2012. Though the said order is questioned in this Writ Petition, learned counsel for the petitioners states that the petitioners were unaware of the passing of the aforesaid order and in January, 2015, when they came to know about the same, they immediately made a representation, dated 18.03.2015, before the Joint Collector, Khammam District, the 3rd respondent, bringing to his notice that the 4th respondent had no power to pass the impugned order.

Alleging that no action is taken on the said representation and questioning the order of the 4th respondent, the present Writ Petition is filed. Prima facie, if the petitioners are aggrieved by the order of the 4th respondent, they have a remedy to approach the 3rd respondent under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (for short, 'the Act'). The petitioners have, in fact, filed a representation before the 3rd respondent on 18.03.2015 and instead, they could have preferred a revision petition.

In that view of the matter, since the petitioners have an efficacious alternative remedy, I am not inclined to entertain the Writ Petition, particularly after lapse of almost three years. The petitioners, however, are at liberty to approach the 3rd respondent with a request under Section 9 of the Act, who shall examine the

correctness or otherwise of the order of the 4th respondent in accordance with law. With the liberty aforesaid, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ VILAS V.AFZULPURKAR, J 12.10.2015 Note:- Issue C.C. by one week.

(B/o) KH