The petitioner challenged eviction orders under the A.P. Assignment of Lands Act alleging violation of constitutional rights. The court held an effective alternative remedy existed via statutory revision and dismissed the petition.
Permitting the petitioner to pursue the statutory revisional remedy under Section 4-B.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE THIRD DAY OF JULY TWO THOUSAND AND NINE
PRESENT
THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 13205 of 2009
Between:
K.Kotamma W/o. Satyanarayana R/o. Laxmidevipalli Village, Paloncha Mandal, Khammam District.
..... PETITIONER
AND
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an order or direction more particularly one in the nature of writ of Mandamus declaring the impugned resumption orders of the 3rd respondent in Rc.No. B/6819/2007, dt. 30.11.2007 and routine confirmation orders of the 2nd respondent in Case No. 02/2008, dt. 20.12.2008, as illegal, arbitrary, without authority of law and jurisdiction, contrary to the earlier orders passed by the 2nd respondent as confirmed by the 1st respondent Joint Collector in case No. E2/11013/1998, dt. 19.05.2003 abd violative of Art.14, 19 and 21, 300-A of Constitution of India and consequently set aside the aforesaid impugned proceedings., and pass such
Counsel for the Petitioner:MR.K.RATHANGA PANI REDDY
Counsel for the Respondent No.: GP FOR REVENUE
The Court made the following :
ORAL ORDER:
The 3rd respondent by an order dt. 30.11.2007 directed eviction of the petitioner from land of an extent of Ac. 3.30 gts in S.No. 1/13 of Laxmidevipalli village, Paloncha Mandal, Khammam District (a village in a scheduled area) on the allegation that she purchased assigned land from a Tribal assignee, contrary to the terms of non-alienation in the order of assignment, under the provisions of the A.P. Assignment of Lands (POT) Act, 1977 (for short ‘the Act’). The petitioner preferred an appeal thereagainst to the 2nd respondent under the provisions of the Act. The appeal has been rejected by an order dt. 20.12.2008. The petitioner has an effective alternative remedy by way of a revision before the Collector, Khammam under Section 4-B of the Act against the order of the 2nd respondent dt. 20.12.2008.
In the circumstances, this court is not inclined to adjudicate upon the grievance presented herein. The writ petition is dismissed with liberty to pursue the statutory revisional remedy under Section 4-B of the Act. No order as to costs.
_____________________ GODA RAGHURAM,J 3.7.2009.
KRB.
THE HON’BLE SRI JUSTICE GODA RAGHURAM
WRIT PETITION No. 13205 of 2009
Dated: 3.7.2009.
1 issue framed by the court
Whether the High Court can entertain a writ petition for eviction under the A.P. Assignment of Lands Act where an effective alternative remedy under Section 4-B is available.
3 provisions across 2 enactments
K. Kotamma
Joint Collector, Khammam District
Revenue Divisional Officer, Paloncha
Thasildar, Paloncha Mandal
Goda Raghuram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
