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High Court for State of TelanganaWP/20488/2016dismissed no costs

N.Malleswar Rao v. The State Of Telangana Rep By Its Principal Secretary For

2016-06-28A.Rajasheker Reddy2 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.20488 OF 2016 ORDER:

Learned counsel for the petitioner submits that the impugned order is not in tune with the Judgments of this Court in Letter sent from Plot No.338, Parvant Nagar, Borabanda, Hyderabad and others v. Collector and District Magistrate, Ranga Reddy District, Hyderabad and others [1] and Dasari Narayana Rao and another v. Deputy Collector and Mandal Revenue Officer, Serlingampally, R.R.District and others [2] and the petitioner has not been issued proper notice while passing the impugned order.

On the other hand learned Assistant Government Pleader for Revenue submits that there is alternative remedy against the impugned order.

A reading of the impugned order goes to show that the petitioner earlier filed WP.No.17415 of 2005 for initiating the proceedings under A.P.Assigned Land (Prohibition of Transfer) Act, 1977 and the same was dismissed by this Court on 07.08.2005, keeping it open for the petitioner to submit his explanation to the impugned notice therein. Accordingly, the petitioner submitted his reply and basing on the same, present impugned order is passed. The petitioner has not challenged the jurisdiction of the authority in passing the impugned order. Admittedly, the petitioner has remedy of appeal against the impugned order. In view of the same I am not inclined to entertain the writ petition.

Accordingly, the writ petition is dismissed. However it is open for the petitioner to avail alternative remedy of appeal before the appellate authority. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

_____________________________ A.RAJASHEKER REDDY, J 28.06.2016 tk [1] 2008 (5) ALD 626 (DB) [2] 2010 (6) ALD 536