Court dismissed a writ petition challenging the cancellation of a DKT Patta. Bench noted an alternative remedy exists via appeal to the Revenue Divisional Officer within 30 days. Liberty granted to approach that authority.
Liberty granted to petitioner to avail alternative remedy of appeal to Revenue Divisional Officer within 30 days.
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THE HON'BLE MR JUSTICE A GOPAL REDDY
Writ Petition No. 24783 OF 2002
DT.24.2.2011
Between: G Gangaiah
… Petitioner
And
The Joint Collector, Chittoor and another
… Respondents
Counsel for the Petitioner: Sri V Jagapathi
Counsel for respondents : Government Pleader for Revenue The Court made the following ORDER:
THE HON'BLE MR JUSTICE A GOPAL REDDY
Writ Petition No. 24783 OF 2002
ORDER :
This writ petition is filed questioning the action of the respondents in threatening to cancel the DKT Patta granted to the petitioner in respect of land measuring Ac.2.18 cents in Survey No. 320/8, Toruru village, Puttur Mandal, Chittoor district.
Today when the matter is taken up, learned Government Pleader for Revenue produced proceedings issued by the Mandal Revenue Officer, Puttur in Roc No. A/814/2002 dated 2.12.2002, where under after conducting an enquiry and considering the explanation of the petitioner dated 2.12.2002, it was held that the petitioner is eligible for only half extent i.e., Ac.1.09 cents in Survey No. 320/8 and the remaining half was allowed to his brother Sri A Chengaiah. The order reveals that as against the said order, an appeal lies to the Revenue Divisional officer, within 30 days from the date of receipt of said order. The copy of the said order is marked to the petitioner. The learned Government Pleader for Revenue also furnished a copy of said order to the learned counsel for petitioner.
Heard learned counsel for petitioner and learned Government Pleader for Revenue.
Since an alternative remedy of appeal lies as against the impugned orders, without going into the merits of the matter, the writ petition is disposed of granting liberty to the petitioner to avail the alternative remedy of appeal within 30 days from today and on preferring such an appeal, the same shall be considered on its own merits and disposed of in accordance with law. No costs.
_______________ A GOPAL REDDY,J
DATE: 24.2.2011 TVK
10
THE HON'BLE MR JUSTICE A GOPAL REDDY
Writ Petition No. 24783 OF 2002
DT.24.2.2011
1 issue framed by the court
Whether the writ petition challenging the threat to cancel DKT Patta should succeed in the absence of an alternative remedy.
G Gangaiah
The Joint Collector, Chittoor
another
A GOPAL REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
