T. Yadagiri v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.29541 of 2018 ORDER:

Heard learned counsel for the petitioner and the learned Government Pleader for Endowments.

The grievance of the petitioner, in the present Writ Petition, is that, despite pendency of C.R.P.113 of 2013 before this Court, the respondent authorities are interfering with the possession and enjoyment of the petitioner herein. One Sri Talari Narsimulu filed an application before the Mandal Revenue Officer, Shankarpally Mandal (Tahsildar) seeking restoration of possession of the land, admeasuring Ac.16.17 guntas situated at Tangutur Village, Shankarpally Mandal, under Section 32 of the Telangana Area Tenancy and Agricultural Act, 1950. Vide proceedings, dated 15.03.1996, the said application was dismissed by the Mandal Revenue Officer. As against the said order, one Sri Talari Narsimulu filed statutory appeal before the Joint Collector and, by virtue of an order, dated 25.08.

2006, the Joint Collector, Ranga Reddy District dismissed the said appeal. Aggrieved by the said orders, passed by the primary and appellate authorities, C.R.P.No.113 of 2013 came to be filed before this Court, wherein Miscellaneous Application also came to be filed, seeking impleadment of the petitioner herein as one of the petitioners. According to the learned counsel for the petitioner the said Civil Revision Petition so also the Miscellaneous Application are still pending. According to the petitioner herein he is in possession of the property and now he is sought to be evicted.

On the other hand, it is submitted by the learned Government Pleader that, in view of the pendency of C.R.P.No.113 of 2013, the present Writ Petition cannot be maintained before this Court and it is open for the petitioner herein to pursue the revisional remedy already availed before this Court.

This Court finds sufficient force in the submission of the learned Government Pleader. Since the revision is already pending before this Court, this Court deems it appropriate to dispose of the Writ Petition, leaving it open for the petitioner herein to pursue the remedy, if necessary, by filing an application in the said revision. Accordingly, Writ Petition is disposed of. There shall be no order as to cots.

Miscellaneous petitions pending, if any, shall stand closed. __________________ A.V.SESHA SAI, J 21st August, 2018 Tsy