Occ . Housewife v. against to the pr nciples of Natural Justice and conseq.lertly

Petition unde liection 15'1 CPC praying that in the circurtslances stated in the affidavit filed in r;upport of the petition, the High Court may be pleased to direct the Responde rt Nos. 6 and 7 herein not to dispossess the retitioners from the house and la I I situated at plan Land and houses t,ttal basement admeasuring Ac (-16-79 guntas situated at Mominpura 'Rrrntal Harajang Quarters, G. Jr. Cr I ege, GCC Office Road). Situated at li.ll tn inpura, Utnoor Village and lr4andal, {dilabad Dist, TG., pending disposal of the ,rrr t petition Counsel for the Petitioner: SRl. M. KRISHNA MURTHY Counsel forthe Resoondent Nos. 1to5: GP FOR HOME Counsel for the Relpondent Nos. 6&7:- The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No. 1L842 of 2O25 ORDER Heard learncd counscl for thc pelitioners, learned Government Plea<icr lor IIome irpp(:arirlg ltrr respondcnt Nos' I to 5, and with the consent of the Icarncd counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at admission stage.

2. Having regard to Lhe manncr o[ disposal of lhe WriL Petition and the nature of lis involvcd, Lhis Court is of the vicw that notice to unofficial respondcnt Nos.6 & 7 is not necessary for adjudication of lhe present Writ Petition.

3. The case of the petitioners, in brief, is that one late Smt Mesram Rukmai tsai, who is thc owner of Iand admeasuring Acre O.16.79 guntas ol land situated at Utnoor Village & Mandal, had executed a Gift Deed, dt. I5.10.2020, in respect of the said land in favour of the petitioners; and that on the basis of the aforesaid gift deed, thc petitioners are in posscssion and enjoyment of the said property.

4. It is the further case of the pe titioners that while the petitioners are in enjoyment o[ the aforesaid property pursuant to the Gift Dced exccuted in thcir favour by thc donor of the said 2 prope:t'\: L.r. Smt Mcsram liukmai l3ai, and shc htv ng cleceased on 0l L)13. ,()2.1, the ur-rofficial respondenl.s are secking to dispossc.;s lre petitioners from the said property, a rd as such the petitione's l^:tr e approached the respondents-aur h or ties seeking for proviriir3 policc protcction: and that in sprte cf rh: pelitioners approacJ-Ltr-r I ltre authorities, they are not prcv ding police protect i,:),t I ) the pctitloncrs and their aforemr:r.ittrir ec property at the han:ls rl thc unofliciarl rcspondcnts, u,hir.t rction it is contende,l : s highly illegal and arbit rary.

5. Fet cr r.lra. Iearned Governmcn[ pleadcr lor "l trr e appearrng on behrrll ol I espondents rvould submit that though th: petitioners are clarrnini suirject property under a Gift Decd. clr . l5 10.2O2O, as the saicl :,.;ft ( ccd not being registcred as required unrler Section 17 ol tlrl' I?e1 i .t:'a1ron Ac:1. 1q08, and being onh r notarized documc'nr, 1Lc pc[itroncrs cAnnot clairr any title ,o the subject propcrt ! .

6. I-ea rlt cl (lovcrnment P1e ader further submit s ,hz rt since, the disputc i,s1 1,1.€,6 the petiLioncrs and the unofficral .espondents appear -r L -- a civil dispute in rclation to the subjr ct property belonging ti rrrc Smt Mesram Rukmai Bai, and es tlre unofficial responCt:rLts lrcrein claim to be the sons of Mesrarn Sr,mji, and in the Gifi I )er c. he is showr-r as husbancl of Smt NIe sr rm Rukmai ,. 3 Bai, the unofficial respondcnts arc laying a claim to the subject property being the legal heirs of late Mesram Somji, husband of Iate Smt Mesram Rukmai Bai. 7 . Learned Government Pleader further submits that if the petitioners intend Deed, they have jurisdiction to to claim the subject property under the Gift to approach the competent Court of Civil establish their claim over the aforementioned propcrty, and Ior thr: said reason, the respondents authorities cannot providc police pro Lection.

8. I have taken note of the respective submrssions made. g. Though thc petitioners claim of the subject property having been gifted in their favour by late Smt Mesram Rukmai Bai under a Gift Deed, dt. 15.10.2020, a perusal of the Gift Deed, dt. 15.10.2020, indicates that the same is not registered as mandated undcr Section 17 of the Regr stra tion Act, 1908; that in the aforesaid Gift Deed, the ])onor, Iatc Smt Mcsram Rukmai Bai, is shown as w/ o Mcsram Somji; and that the unofficial respondents in the present wril petition are the sons of Mesram Somji.

10. Though it is contended on behalf oI the petitioners that late Smt Mesram Rukmai Bai had died issueless, the fact of the i 4 unofficiaLl rr s pot-rdcnts being shown as sons of Nlcs ram Somji, would il1( lic r c the unofficial respondents to be tLLt: k gal heirs of Mesram Slor r i. t.ho is shou,n as husband ol lzLtr: S.rtt l?ukmai Bai in the Clif- L eccl. 1 1. As, th ' petitioncrs are claiming the subjcct prr pcrty being gifted in :hr i: iavour and due to inadvcrtence and or ersight, the said gi{t ,1er ri has not bcen registered in terms c,f Sr:ction 17 of Registratr rr-r 1rc,. 19O8, thc said displrted qltestion of f'a:t cannot be gonc illli in ir u.rit pctilion [ik:C under Scction 22b oI r)onstitution of Indiri 111' 2 srcpting thc clairn of rtrr: petitioners, lb' u,hich thc petitiorl€rr l:a, e to avail civjl rcmcdics b-r- zLlr1>rr aching the Compel( nl C, Ltlt /aulhoril).

12. Sinlrc. rh.r ihctum of thc pctitioncrs being gil't:d u,ith the aforemc'n io r,'i propcrty is br:ing disputed bv th : unofhcial responc[:rrts tlLis Coltrt rs of thc rrier'r, tha[ the peti io rers cannot approar:1] th: rr: spondr:n ts-au thoritie s seckrng poli,r( Frotection or thereal'terr a pDroach l}'ris Court secking for a dir ec -ion to the authoritre s o providc police pro[ection, wrthout the petitioners approacirr-rg hc competent Court ol Civil jurisdictic n to establish their clair-r t r lhc subject properLl,.

13. IrL ,uie r of thc above. this Courl is of rhe vi< rr' that the petitioncrs should avail the rem<:dies prc,vide.cl uder civil , I 'i, ,ll // 5 procedure and, for thc said reason, are not entitled to be granted with any reiief in the present Writ petition.

74. Granting liberty to the petitioncrs to avail civil remedies open to them in law, the Writ petition is disposed of. - No order as to 15 Consequently, miscellaneous petitions, if any, pending shall stand closed //rRUE coPY/, SD/.B.G.VYJAYANTHI ASSISTANT REGISTRAR (/, SECTICN'OFFICER To, Utnoor, Adilabad District, T.G' Secretary, Home Department' Secretariat Building' -,i5ii"5,ii,iiiiitir;"lii"bi' ili-id, -ntiiiiiao DiStrict, reransana state

1. The PrinciPal T.S..Hvderabad. z ii-]!'silr"iiiiJ"oent of Police, Adilabad District, Telanoana State 5. iilE 4 The lnsoector of Police Utnoor, Adilabad Dlstnct' I u' s. fn" S*b PS Utnoor, Adilabad Dist TG 6. d;6i t; sni. tra. knLSHNA MURTHY, Advo.cate.[oPUC] i. i;;tt;to 8. Two CD CoPies 'cp roiricivi,nigtr courr for th-e state of Telansana at Hyderabad [OUT] BM GJP HIGH COURT' DATED:2210412025 I I I i ORDER WP.No.11842 of 2025 i 'i i_ i- 1 ."s, '( 'l\ t. -\- l, .:.- , u- !'- // \t. - l _.=?/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ ?d;