Telangana High Court
WP/40107/2012 of Chirra Sadasiva Reddy Vs The District Collector, on 28 December 2012
SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.40107 of 2012 Dated: 28.12.2012 Between: Chirra Sadasiva Reddy .. Petitioner. and The District Collector, Ranga Reddy District, and others. .. Respondents. Counsel for the Petitioner: Mr. Pulla Rao Yellanki Counsel for the Respondents:
THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No.40107 of 2012
Dated: 28.12.2012
Between:
Chirra Sadasiva Reddy
.. Petitioner. and
The District Collector,Ranga Reddy District,and others.
Ranga Reddy District,
.. Respondents.
Counsel for the Petitioner: Mr. Pulla Rao Yellanki Counsel for the Respondents: AGP for Revenue The Court made the following:
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ORDER:
This writ petition is filed for a Mandamus to declare the action ofrespondent No. 3 in refusing to register the open plot admeasuring 200sq. yards in Sy.No.36/AA/26 of Gopanpally Village, SerilingampallyMandal, Ranga Reddy District, as illegal and arbitrary.
A perusal of the record shows that while refusing to register theproperty, respondent No.3 has passed an order on 21.12.2012 assigningreasons for such refusal.
At the hearing, the learned counsel for the petitioner has notdisputed that the petitioner has a remedy of filing an appeal underSection 72 of the Registration Act, 1908 (for short ‘the Act’) against therefusal order passed by respondent No.3. Ordinarily, when the aggrievedparty is vested with a right of appeal, this Court will not exercise itsextraordinary jurisdiction to entertain the writ petition filed bypassing suchalternative remedy.
In this view of the matter, the Writ Petition is dismissed withoutadjudicating on merits and with liberty to the petitioner to file an appealbefore the appellate authority. If such an appeal is filed, the appellateauthority shall entertain and dispose of the same on merits asexpeditiously as possible.
As a sequel, WPMP.No.50903 of 2012 filed by the petitioner forinterim relief is disposed of as infructuous.
28.12.2012v v
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C.V.NAGARJUNA REDDY,J