HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.27780 of 2024

ORDER

This Writ Petition is filed questioning the action of respondent No.3 in passing order dated 21.09.2024 in Case No.TW/A1/63/2024 and declaring the action of respondents in trying to dispossess the petitioners.

2. Heard Sri Gajanand Chakravarthi, learned counsel for petitioners, learned Government Pleader for Social Welfare for respondent Nos.1 to 3 and learned Government Pleader for Revenue for respondent No.4. Perused the record.

3. The brief facts of the case are that the petitioners’ mother, Smt. Kantam Laxmi, W/o Narayana, was the owner of a residential house bearing H.No.14-367 in Survey Nos.43, 44, and 45, admeasuring 177.37 square yards, situated at Utnoor Village and Mandal, Adilabad District. The petitioners claim to have inherited the said property and have been in peaceful possession, with their names mutated in the Gram Panchayat records and taxes paid regularly.

4. The grievance of petitioners is that unofficial respondent No.5, relying on alleged fabricated documents, claims to have purchased the property from one Bodukam Shekar on 04.09.2020, who, according to petitioners, has no right, title, or interest in the property. Based on this, respondent No.5 instituted Case No.TWA1/63/2024 under the A.P. Scheduled Areas Land Transfer Regulation I of 1959 before respondent No.3. Respondent No.3, relying on the sale deed and associated documents, passed an Ejectment order and issued Form-F on 21.09.2024.

5. Admittedly, the main contention of the petitioners is that the impugned order was passed without jurisdiction and without affording them an opportunity of being heard. However, a perusal of the record reveals that the matter falls within the domain of the Special Tribunal constituted under the A.P. Scheduled Areas Land Transfer Regulation I of 1959, which is a self-contained code providing adequate statutory remedies, including appeal and revision. The petitioners, instead of availing themselves of these remedies, have directly approached this Court under Article 226 of the Constitution.

It is well-settled that writ jurisdiction under Article 226 should not be invoked when an effective statutory remedy exists, unless there is clear lack of jurisdiction, violation of natural justice, or manifest injustice. In the present case, no such exceptional circumstance has been established. Accordingly, this Court finds no ground to interfere with the order dated 21.09.2024 passed by respondent No.3. However, petitioners are at liberty to pursue the remedies available to them under the relevant statute, if so advised.

6. Accordingly, this Writ Petition is disposed of directing the petitioners to approach appropriate forum and pursue remedies in accordance with law. There shall be no order as to costs.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

___________________________________ JUSTICE NAGESH BHEEMAPAKA Date: 30.07.2025 dgr/mvm