Dr. S.Krishna Reddy, v. The State of Telangana
Case brief
What is this about?
In this writ petition challenging the resumption of land by the Tahsildar, the High Court observed that the appeal remedy under the Andhra Pradesh Assigned Lands Act was efficacious. The Court declined to invoke extraordinary jurisdiction as the petitioner had not exhausted the alternative remedy and directed that the writ petition be disposed of.
What the court decided
THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.1454 OF 2016
ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for Revenue.
The impugned proceedings, dated 22.12.2015, of the Tahsildar, Kundur Mandal, Ranga Reddy District, the 4th respondent, resuming the petitioner’s land are questioned in this Writ Petition.
Sri D. Prakash Reddy, learned Senior Counsel appearing for the petitioner, has primarily contended that the impugned proceedings itself were bereft of any details and are contrary to paragraph No.54 of the decision of the Division Bench of this Court in Letter sent from Plot No.338, Parvanth Nagar, Borbanda, Hyderabad v. Collector
and District Magistrate, Ranga Reddy District at Hyderabad[1] . That apart, learned Senior Counsel submits that the land in question is admittedly shown to be the land assigned after Lavoni Rules, 1950 and on the face of it, it cannot be classified as assigned land and subjected to the condition of non-alienability and the impugned action taken for resumption on the ground of violation of conditions of assignment is beyond the jurisdiction of the 4th respondent.
Two decisions of this Court, namely, Parvanth Nagar
(1 supra) and Joint Collector, Ranga Reddy District,
Issues for consideration
2 issues framed by the court
Whether the Writ Petition can be entertained when an efficacious alternative remedy of appeal is available.
Whether the High Court should invoke its extraordinary jurisdiction without exhaustion of alternative remedies.
Parties & counsel
- petitioner
Petitioner
- respondent
Tahsildar, Kundur Mandal
Coram
Vilas V. Afzulpurkar
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · January
- Registered
- Case no.
- WP/1454/2016
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