Judgment · High Court

The writ petition is filed seeking the following substantial relief.

to issue an appropriate writ order or direction more particularly one in the nature of Mandamus, declaring the inaction of the respondent No. 1 in not passing appropriate orders in the modification application filed by the petitioner on 24-6-2008 restraining the Respondent No. 2 & 3 from alienating the subject land in Survey No. 75, admeasuring Ac. 5-29 gts. situated at Saipur Village, Tandur Mandal, Ranga Reddy District, in above Appeal being F2 2373 of 2008, meanwhile during the pendency of the above Writ Petition, interim injunction may be granted directing the Respondent No. 2 and 3 to alienate the plots on lands in Survey No. 75, Saipur Village, Tandur Mandal, Ranga Reddy District.

The case of the petitioners is that they are the lineal discends of original protected tenant and since the landlord has sold away the subject matter of land to respondents 2 and 3, in contravention of the provisions of the A.P. (TA) Tenancy & Agricultural Lands Act, 1950 (for short ‘the Act’), they filed an application before the Mandal Revenue Officer being B/496 of 2006 under Section 32(1) of the Act seeking restoration of possession of the land along with an application seeking injunction against respondents 2 and 3 and ultimately, the application was dismissed . Aggrieved by the orders passed by the Mandal Revenue Officer, Tandur, they preferred an appeal under Section 90 of the Act being F2 2373 of 2008 before the 1st respondent along with an application for grant of interim injunction against respondents 2 and 3 not to alienate the subject matter of the land pending appeal and the appellate authority has also granted stay of the impugned order but some error occurred in the order and, therefore, they filed a modification petition.

The grievance of the petitioners is that so far the said modification petition is not ordered. Heard the learned counsel for the petitioners as well as the learned Government Pleader for Revenue and at their request the matter is taken up for final disposal at the admission stage itself. A perusal of the material averments indicate that the petitioners are seeking the relief of injunction against the private respondents in view of the pendency of the appeal in Appeal No.F2 2373 of 2008 before the 1st respondent - Joint Collector in respect of the land in Sy.No.75 admeasuring Ac.5.29 guntas situated at Saipur Village, Tandur Mandal, Ranga Reddy District. Merely because the appeal is pending, the petitioners cannot seek the relief of injunction against the private respondents and this Court under Article 226 of the Constitution of India cannot grant such relief. The petitioners have an effective and alternative remedy of filing a civil suit and get the relief of injunction.

The writ petition is devoid of merits and it is accordingly dismissed. However, the appellate authority is directed to dispose of the appeal expeditiously. No costs. N.V.RAMANA,J Dt.16.7.2008 // TRUE COPY // ..... REGISTRAR SECTION OFFICER To 1 The Joint Collector-II, Ranga Reddy District. 2 2CCs to Govt. Pleader for Revenue, High Court of A.P. Hyd. (OUT) 3 2CD copies