Gurrala Yellamma v. The State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.35559 OF 2017 Dated:26.10.2017 Between:

Gurrala Yellamma, W/o. Late Bixapathi, Aged about 55 years, Occ: Agriculture, R/o. Srigiripally Village, Gajwel Mandal, Siddipet District and others .. Petitioners And The State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad, And others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.35559 OF 2017 ORDER:

Heard.

2.

According to petitioners, their grand father, by name, Gurrala Bhumaiah, was the owner of land to an extent of Ac.2.06 guntas in Survey No.313 of Akkaram Village, Gajwel Mandal, Siddipet District. According to petitioners, their father was entitled to half share of the said property. However, the petitioners allege that the brother of the petitioners father illegally got his name mutated in the revenue records for the entire extent of land. Alleging illegal interference and possession of the land, the petitioners filed O.S.No.157 of 2017 which is pending on the file of the Principal Junior Civil Judge, Gajwel. Petitioners now contend that having come to know that erroneously the names of the unofficial respondents were mutated in the revenue records, representation was made and alleging inaction on the said representation, this Writ Petition is filed.

3.

Learned counsel for the petitioners sought to contend that without opportunity to the petitioners, such mutation was made and the same is illegal.

4.

However, since mutation was already made, the petitioners have remedy of appeal before the Revenue Divisional Officer under Section 5 (5) of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971, which is an effective and efficacious remedy. Therefore, this Court is not inclined to entertain the Writ Petition at this stage.

5.

The Writ Petition is accordingly dismissed leaving it open to the petitioners to avail the remedy of appeal as available under the Act. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:26.10.2017 KH