THE HON'BLE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.537 of 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present Writ Appeal is arising out of the order
dt.14.09.2020 passed by the learned single Judge in Writ
Petition No.12230 of 2020.
The facts of the case reveal that the petitioner came
up before this Court being aggrieved by mutation in the
Revenue Records in respect of land owned and possessed
by the petitioner.
The learned single Judge has dismissed the Writ
Petition No.12230 of 2020 with liberty to avail the
alternative remedy.
The enactment which is in force viz., the Telangana
Rights in Land and Pattadar Pass Books Act, 2020, does
not provide for any remedy of appeal and therefore the
Writ Petition No.12230 of 2020 could not have been
dismissed on the ground of alternative remedy in spite of
service of notice.
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HCJ & NTR,J
wa_537_2020
There is no representation on behalf of the
respondents. Therefore, the matter was heard in the
absence of counsel for respondents.
Resultantly, the Writ Appeal is allowed. The impugned order passed by the learned single Judge is set aside.
The matter is remitted back to the learned single Judge to decide it on merits. Office is directed to list the Writ Petition before the learned Single Judge on 28.12.2021 on which date the parties shall appear before the learned Single Judge.
No order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ___________________ N. TUKARAMJI, J Date : 15.12.2021 Ndr