Telangana High Court

WP/28867/2019 of Md. Yusufuddin, Vs State of Telangana on 30 December 2019

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SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28867 OF 2019 DATED : 30.12.2019 Between : Md. Yusufuddin S/o.Md. Zainuddin, Aged about 49 yrs, Occu : Business, R/o.H.No.10-3-31, Sripuram Colony, Lavanya Nilayam, Karimnagar, Karimnagar District, Telangana State. ..... Petitioner And State of

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION No.28867 OF 2019

DATED : 30.12.2019

Between :

Md. Yusufuddin S/o.Md. Zainuddin, Aged about 49 yrs, Occu : Business, R/o.H.No.10-3-31, Sripuram Colony, Lavanya Nilayam, Karimnagar, Karimnagar District, Telangana State.

..... Petitioner

And

State of Telangana,

rep. by its Principal Secretary,

Revenue Department,

Secretariat Buildings, Hyderabad & others.

…..Respondents

The Court made the following:

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION NO.28867 OF 2019

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ORDER :

Heard learned counsel for the petitioner and learned Government Pleader for Revenue for respondents 1 to 5.

2. The Joint Collector, by his order, dated 25.03.2019, in the revision preferred by the 6[th] respondent allowed the revision setting aside the order of Revenue Divisional Officer and the Tahsildar, granting mutation in favour of petitioner. He has also cancelled the pattadar pass book issued in favour of petitioner. Aggrieved thereby petitioner filed W.P.No.9597 of 2019 and the same is pending consideration of this Court. No stay of the order impugned therein, was granted. While so, petitioner made a representation on 17.12.2019 addressed to the District Collector, Karimnagar, seeking direction to the Tahsildar, not to mutate the name of 5[th] respondent, in accordance with the order of the Joint Collector, by stating that W.P.No.9597 of 2019 is pending in this Court and till a decision is made by this Court, mutation proceedings shall not be undertaken.

3. As noticed above, there is no stay granted by this Court and as on today, the order of the Joint Collector stands. Furthermore, in an independent writ petition, petitioner cannot seek direction not to undertake mutation exercise, based on the order passed by the Joint Collector, when petitioner challenges the said order, in another writ petition and the same is pending consideration of this Court. Therefore, this writ petition is not maintainable.

4. Accordingly, the Writ Petition is dismissed leaving it open to the petitioner to work out his remedies in the pending writ petition. Pending miscellaneous petitions, if any, shall stand closed.

30[th] December, 2019 Rds

__________________

P.NAVEEN RAO,J

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