In this writ petition under Article 226 regarding alleged illegal dispossession of land, the court held that the petitioner has an alternative remedy via a civil court. Consequently, the High Court exercised no judicial review and dismissed the petition at the admission stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE TENTH DAY OF JULY TWO THOUSAND AND NINE
PRESENT
THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 13753 of 2009
Between:
P. Ram Narayana, S/o. Late Venkata Narasaiah, R/o. Chinttakunta, Karimnagar Mandal & District, Temporarily R/o. Uttnoor
..... PETITIONER
AND
1 District Collector Karimnagar District Karimnagar.
2 RDO Karimnagar District Karimnagar.
3 Tahsildar Karimnagar Rev Mandal Karimnagar District.
.....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 a writ or direction more particular in the nature of Writ of Mandamus declaring the action of 3rd respondent in trying to dispossess the petitioner from the land admeasuring Ac.2-00 in Sy.No. 439/4 situated at Chinttakunta Village, Karimnagar Mandal & District bounded by : East : Sri Gopal's Land West : Pattam Agaiah's land, North : Gopal's land South Gopal's land without giving any notice or opportunity and without following any due process of law as illegal, arbitrary, highhanded, and cannot be justified in the eye of law and consequently direct the respondents not to dispossess the petitioner from its its land admeasuring Ac.2-00 in Sy.No. 439/4 situated at Chinttakunta Village, Karimnagar Mandal & District in the interest of justice and pass
Counsel for the Petitioner:MR.CH.SRINIVAS
Counsel for the Respondent No.: GP FOR REVENUE
The Court made the following :
ORAL ORDER:
The singular grievance in this writ petition is that despite ownership and continued possession of the petitioner of an agricultural land of an extent of Ac.2.00 in S.No.439/1 of Chinttakunta village, Karimnagar mandal and District which was inherited by the petitioner and his brother from their mother, the 3rd respondent is attempting to dispossess them forcibly without following the due process of law. The 3rd respondent is alleged to have indulged in this lawless activity of potential criminal trespass at the instance of ‘some other persons’.
Neither the State nor an instrumentality of the State is impleaded as a respondent to this writ petition. The writ petitioner is rest content with impleading the District Collector, Karimnagar, the Revenue Divisional Officer, Karminagar and the Tahsildar, Karimnagar Mandal.
In any event, the petitioner has an alternative remedy by way of seeking an injunctive relief before a civil court of competent jurisdiction more proximal to his habitat and in the event of apprehension of imminent threat of dispossession, the petitioner may also seek urgent ex parte orders seeking dispensation of the notice under Section 80 C.P.C.
As the petitioner has an alternative remedy, this Court is not inclined to exercise judicial review. The writ petition is dismissed at
the stage of admission relegating the petitioner to pursue appropriate remedy. No order as to costs. ____________________ GODA RAGHURAM,J 10.7.2009. KRB.
THE HON’BLE SRI JUSTICE GODA RAGHURAM
WRIT PETITION No. 13753 of 2009
Dated: 10.7.2009.
2 issues framed by the court
Whether the High Court should exercise judicial review in a writ petition alleging illegal dispossession of land when an alternative civil remedy exists.
Whether the petitioner can claim relief directly from revenue officials without impleading the State or an instrumentality of the State.
P. Ram Narayana
1st RDO Karimnar (District Collector)
2nd RDO Karimnar (Revenue Divisional Officer)
3rd Tahsildar Karimnar Mandal
GODA RAGHURAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
