IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE B.PRAKASH RAO and THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO : 18708 of 2009 Between: Mutyala Balaiah S/o. Raghavulu R/o. Laxmiguda Village, Rajendranagar Mandal, Ranga Reddy District. ..... PETITIONER AND 1 The Court of IInd Additional Junior Civil Judge Ranga Reddy District at LB Nagar, Hyderabad. 2 The Deputy Collector & Tahsildar, Saroornagar Mandal, Ranga Reddy District. 3 Budumala Narsimha S/o. Late Balaiah R/o. H.No. 1-35, Jalpally Village, Saroornagar Mandal, Ranga Reddy District. 4 Budumala Balraj @ Balaiah S/o. Late Balaiah R/o. H.No. 2-21, Jalpally Village, Saroornagar Mandal, Ranga Reddy District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue writ order or direction more in the nature of writ of Prohibition declaring the issuance of the decree and judgment dt. 12-11-2008 in OS No. 882/2008 in favour of the respondent NOs. 3 & 4 ain respect of the tenancy lands in Sy.Nos. 67/1, 67/2, 68, 110, 111, 112, 146 & 147 of Jalpally (V) Saroornagar (M) R.R. District as being without jurisdiction and contrary to the law framed by the Hon'ble Supreme Court vide AIR 1997 SC 3082 and set aside the impugned decree & judgment and consequently direct the respondent NO.2 to pass orders independently in File No. A/4661/06 and pass Counsel for the Petitioner:MR.S.TULASI DAS Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE B.PRAKASH RAO And THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO : 18708 of 2009 ORAL ORDER: (Per Sri Justice B Prakash Rao) Heard learned counsel for petitioner Mr S Tulasi Das and learned Government Pleader for Revenue. The petitioner herein claims to be a successor of the original protected tenant late Chakali Balaiah, in respect of the lands in question. This writ petition is filed inter-alia seeking for prohibition declaring the decree and judgment dated 12.11.2008 in O S No. 882 of 2008 on the file of the II Additional Junior Civil Judge, Ranga Reddy district as illegal and to set aside the same. The main grievance of the petitioner is that he is the second party to the suit and even though happens to be successor of original protected tenant and claims to be legal representative, having regard to the Andhra Pradesh (Telangana Area) Tenancy & Agricultural Lands Act, 1950 and bar created especially under section 99 of the Act, apart from the principles laid down by this Court and the Hon’ble Apex Court, the Civil Court has no jurisdiction, therefore the entire decree is liable to be set aside. Having heard the learned counsel it is to be seen that irrespective of the questions raised on merits, which we are not concerned at this stage, and since a remedy of regular appeal under Section 96 of Civil Procedure Court is provided, the writ petition is not maintainable. Hence it would suffice in the interest of justice to grant liberty to the petitioner to avail the remedy of regular appeal as provided under law. Accordingly, the writ petition is dismissed. However, petitioner is granted liberty to avail the remedy of filing regular appeal under section 96 of Civil Procedure Code within a period of 30 days from today, and on such filing of an appeal, the same shall be disposed of in accordance with law and on its own merits, after giving reasonable opportunity to both sides. No costs. _______________ B PRAKASH RAO,J ____________ K C BHANU, J DATE: 9.9.2009 TVK THE HON'BLE SRI JUSTICE B.PRAKASH RAO and THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO : 18708 of 2009 Date: 9/9/2009