HON’BLE SRI JUSTICE S.V.BHATT Writ Petition No. 9011 of 2008 Date: 18.06.2014 Between:
Smt. Adusumilli Rama Devi, Hyderabad.
…Petitioners And Andhra Pradesh Bhoodan Yagna Board, Rep., by its Secretary, Hyderabad and 2 others.
…Respondents HON’BLE SRI JUSTICE S.V.BHATT Writ Petition No. 9011 of 2008 O R D E R:
The petitioner invoked the jurisdiction of this Court under Article 226 of the Constitution of India for issuance of writ of Mandamus declaring the action of the 2nd respondent in allotting Sy.No.148 of Deshmukhi Village, Pochampalli Mandal, Nalgonda District in an extent of Acs.16.17 guntas of land owned and possessed by petitioner and her successors in interest without cancelling the grant/allotment of the original grantees as illegal, contrary to law and unconstitutional.
The petitioner, as such, does not assail a proceeding or an order through which his right and title is at stake or adversely affected by the respondents. The very prayer, in required clarity, complains against an action proposing to allot the petition land without cancelling the assignment/grant in this behalf.
This Court ordered maintenance of status quo on 23.04.2008. The respondents filed a petition to vacate the status quo order. In reply on the question of title and also the authority, the respondents have filed counter affidavit.
The reply of the 2nd respondent discloses that substantially the issue between the parties can be decided in a properly instituted suit or proceeding taken up under a statute.
Learned counsel for the petitioner requests the Court to dismiss the writ petition as withdrawn by granting liberty to the petitioner to work out the remedies available in law including by filing a suit if, the circumstances so warrant or file objections if a proceeding is initiated by respondents.
Since on a preliminary objection the writ petition is dismissed, this Court is not expressing its view on any of the contentions canvassed by the petitioner in this behalf.
With liberty as indicated above, the writ petition is dismissed.
No order as to costs.
Consequently, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.
S.V.Bhatt,J Date: 18.06.2014 KLP