K.Hanumantha Reddy v. The State Of Telangana

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.43792 of 2018 ORDER:

This Writ Petition is filed seeking writ of mandamus declaring the inaction of the respondents 4 and 5 in taking action on the petitioner's representation dated 15.11.2018 to conduct survey and identify the petitioner's land, as illegal and arbitrary. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondents. Initially petitioner has filed suit i.e., OS No.425 of 2012 on the file of the Court of the II Additional Senior Civil Judge, Ranga Reddy District for declaration, which was dismissed on 12.12.2013 and against the same, an appeal in AS No.379 of 2015 has been filed and same is pending before this Court.

Since the petitioner has availed the remedy under law by way of suit and appeal i.e., AS No.379 of 2015 is pending before this Court, this Court is not inclined to entertain this Writ Petition to direct the respondents to conduct survey in respect of the subject property. However, it is open for the petitioner to obtain appropriate relief in the pending appeal.

With the above direction, this Writ Petition is disposed of. Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

___________________________ A.RAJASHEKER REDDY,J 03-12-2018 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.43792 of 2018 Date: 03.12.2018 kvs