Mohammed Riyaz vs The State Of Telangana
2022 Latest Caselaw 4177 Tel

      THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                      AND
       THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY


                 Writ Appeal No.503 of 2022

JUDGMENT:    (Per the Hon'ble the Chief Justice Ujjal Bhuyan)



     Heard Mr. R. Dheeraj Singh, learned counsel for the

appellant; learned Government Pleader for Municipal

Administration and Urban Development appearing for

respondent No.1; learned Government Pleader for Revenue

appearing for respondent No.2; Ms. M. Bhagyasri, learned

Standing Counsel appearing for respondent Nos.3 and 4;

and Mr. Kadaru Prabhakar Rao, learned counsel for

respondent No.5.

2. This intra-court appeal has been preferred assailing

the final order dated 09.06.2022 passed by the learned

Single Judge dismissing W.P.No.22918 of 2020 filed by the

appellant/writ petitioner.

3. Appellant had filed the related writ petition seeking a

declaration that the action of the 4th respondent i.e.,

Commissioner (Revenue Branch), Khammam Municipal

Corporation, in passing mutation orders in favour of the 5th

respondent in respect of House No.8-1-265 in

Roc.No.R1/241243/Revenue/2020 as illegal and arbitrary.

He therefore sought quashing of the same.

4. Respondents contested the writ petition by filing

counter affidavits.

5. Learned Single Judge declined to entertain the writ

petition, but granted liberty to the appellant to avail the

alternative remedy.

6. From a perusal of the order dated 09.06.2022, we

find that learned Single Judge has commented on the merit

of the appellant's case, but at the same time relegated the

appellant to the forum of alternative remedy.

7. In the hearing today, learned counsel for the

appellant submits that appellant would approach the 4th

respondent seeking revocation of the mutation order.

8. In view of the above, we make it clear that

observations and findings rendered by the learned Single

Judge while dismissing the writ petition shall not come in

the way of examination of any grievance raised by the

appellant before the 4th respondent. Those observations

and directions may be treated as only tentative; for the

purpose of deciding the maintainability of the writ petition.

9. Writ Appeal is accordingly disposed of.

Miscellaneous applications pending, if any, shall

stand closed. However, there shall be no order as to costs.

______________________________________ UJJAL BHUYAN, CJ

______________________________________ C.V.BHASKAR REDDY, J

17.08.2022 JSU