Allenki Bhikshapathi v. The State Of Telangana
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.38401 of 2018 ORDER:
The petitioner challenges the action of 3rd respondent in trying to mutate the name of the 5th respondent in revenue records and issue the pattadar passbooks and title deeds with regard to agricultural property situated admeasuring Ac.4-00 guntas in Sy.No.164 of Repaka Village, Regonda Mandal, Jayashankar Bhupalpally District without considering his application dated 20-02-2018.
Learned counsel for the petitioner states that having received the entire sale consideration, when the 4th respondent failed to execute the registered sale deed in favour of the petitioner in respect of subject property, the petitioner filed O.S.No.46 of 2018 before the Junior Civil Judge's Court at Parkal against the 4th respondent and the same is pending. When a civil suit is pending in respect of subject property, the petitioner can make necessary application in the said suit and obtain orders instead of filing this writ petition. Having availed alternative remedy of filing suit, the petitioner cannot maintain the writ petition.
In view of the same, this Court is not inclined to entertain the writ petition.
Accordingly, the writ petition is disposed of leaving it open to the petitioner for obtaining necessary orders in the suit already instituted by him. There shall be no order as to
costs. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 25-10-2018 Nvl