Kothapalli Srinivasa Rao v. Telangana State Road Transport Corporation

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.37978 OF 2017 O R D E R :

This petition is filed for a writ of Mandamus declaring the impugned order No.AM(P)/785(1)/2016-BDN, dated 28.10.2017 of the Regional Manager, TSRTC, Nizamabad, as illegal and arbitrary and also against the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short 'the Act') and to set aside the same and for a consequential direction to the respondents not to interfere with peaceful possession and enjoyment of the petitioners over the house bearing Municipal No.1-4-344/4, admeasuring 605.55 Sq.Yards under Survey No.273/AA, situated at Bodhan, Nizamabad District.

Heard learned counsel for the petitioners.

Sri D.Prakash Reddy, learned Advocate General appearing for respondents raised objection that petitioners have alternative efficacious remedy under Section 9 of the A.P.Public Premises (Eviction of Unauthorised Occupants) Act, 1968, and that without exhausting the alternative remedy, petitioners approached this Court.

Learned counsel for the petitioners tried to argue the matter on merits, so also learned Advocate General.

Since petitioners have alternative remedy under Section 9 of the Act, this Court is not inclined to entertain the writ petition.

Accordingly, the writ petition is dismissed granting liberty to the petitioner to avail alternative remedy as may be available to him under law. 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 14.11.2017 t k.