Petitioner challenged illegal mutation of properties in his name as another person's name was entered in revenue records without due procedure. Court held that statutory appeal remedy exists under the Act. Since appeal not filed, petitioner not faulted for inaction of authorities. Writ petition dismissed.
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THE HON’BLE SRI JUSTI CE P. NAVEEN RAO
WRI T PETI TI ON No.28879 of 2017
Dated:29.08.2017
Between:
Bandari Ramesh, S/o. Late Mallaiah, Aged 53 years, Occu: Business, R/o. Flat No.705, Amber, My Home Jewel, Madinaguda, Chandanagar, Hyderabad, State of Telangana.
…Petitioner
AND
The State of Telangana, represented by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others.
.. Respondents
The Court made the follow ing:
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THE HON’BLE SRI JUSTI CE P.NAVEEN RAO
WRI T PETI TI ON No.28879 of 2017
ORDER:
In this writ petition grievance of the petitioner is that in the revenue records name of respondent No.7 was mutated in respect of the properties belonging to the petitioner without following the due procedure and therefore, such mutation is illegal. Petitioner made a representation, dated 13.07.2017, to the Tahsildar, Sadashivapeta Mandal, by marking a copy to the District Collector, Sangareddy District, to review the earlier decision. Alleging inaction of the Tahsildar and the District Collector, this Writ Petition is filed.
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representation. Therefore, the relief sought in the writ petition cannot be granted.
Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.
___________________
JUSTI CE P.NAVEEN RAO
Date:29.08.2017
INL
3 issues framed by the court
Whether a writ petition challenging illegal mutation in revenue records can be entertained when a specific statutory appeal remedy is available?
Can the High Court direct the Tahsildar to act on a representation when the petitioner has not exhausted the statutory appeal remedy?
Is the dismissal of the writ petition appropriate leaving the petitioner to approach the appellate authority under the relevant Act?
1 provisions across 1 enactments
Bandari Ramesh
The State of Telangana
P. Naveen Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
