Telangana High Court
Smt. P. Mamatha vs The State Of Telangana on 22 December, 2021
Author: Satish Chandra Sharma
Bench: Satish Chandra Sharma, N.Tukaramji
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.87 of 2019
JUDGMENT:(Per the Hon'ble the Chief Justice Satish Chandra Sharma) The present writ appeal is arising out of an order dated 10.12.2018 passed by the learned Single Judge in W.P.No.17356 of 2018.
The writ petition was preferred before the learned Single Judge against an order dated 03.05.2018 passed by the Tahsildar, Serilingampally Mandal, Ranga Reddy District, and as there is a remedy of appeal before the Special Grade Deputy Collector-cum-Revenue Divisional Officer, the writ petition was disposed of with a liberty to the writ petitioner to file an appeal before the said authority. The learned Single Judge has passed the following order:-
"Admittedly, as contended by the learned Assistant Government Pleader for Revenue, petitioner has alternate remedy of appeal before the Special Grade Deputy Collector-cum-Revenue Divisional Officer, against the impugned order passed by the 3rd respondent.
Learned counsel for the petitioner states that when the subject land was assigned under Rule 9(G) of the Laoni Rules, 1950, provision of A.P.Assigned Lands (Prohibition of Transfers) Act, 1977, has no application.2
This aspect has to be considered by the appellate authority.
In view of the above, the writ petition is disposed of granting liberty to the petitioner to avail alternate remedy of appeal before the Special Grade Deputy Collector by raising all his objections within a period of four weeks. On such appeal, the Special Grade Deputy Collector is obligated to consider the said objections and pass orders within a period of six weeks from the date of filing appeal by the petitioner. Interim order granted on 10.05.2018 will be in force for a period of four weeks enabling to avail alternate remedy. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in these writ petitions, shall stand closed."
In the considered opinion of this Court, as there is a remedy of appeal, this Court does not find any reason to interfere with the order passed by the learned Single Judge. The admission is declined.
The writ appeal is accordingly dismissed. The miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ N. TUKARAMJI, J 22.12.2021 vs