✦ High Court of India · 25 Apr 2025

Maneesh Dutt Awasthi v. 1- The State of Telangana

Case Details High Court of India · 25 Apr 2025
Court
High Court of India
Decided
25 Apr 2025
Length
1,022 words

Acts & Sections

Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of Official Respondents in not considering the representation of the Petitloner daled 21-O1-2025 as illegal, arbitrary and in violation of Article 14 of Constitution of lndia, and consequently direct the Official Respondents to consider the Representations of Petitioner daled 21-01-2025 in its merit. Counsel for the Petitioner : M/s THAKUR POORNIMA Counsel for the Respondents : GP FOR REVENUE The Court at the stage of admission made the following OROER HON'BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION No.12774 of 2o25 ORDER: This u'rit petition is filed seeking to declare the zrction of the respondents in not considering the representation of the petitioner dated 2 I .0 1.2O25, as illegal, arbitrary and for other appropriate reliefs

2. Considcred the submissions of the learned counsei for the respective parties and with their consent this writ petition IS disposed of at the admission stage.

3. [t is sta[ed that the petitioner is the absolute owner and possessor of the property bearing Door No.2-132131F/l to 21132/3lFl7, consisting of 629 sq. yards, in Sy.No.3 (old) and 3 15/ I (nerr,), situated at Chandanagar Village, Serilingampally Mandal, Ranga Reddy District. lt is iurther stated that when disputes arose with regard to title and possession of the subject property, a suit uide O.S.No.932 of 2OO2 has been filed by one Sohan La[ S/o. Ananta Ram, on the file of the Principal District Judge, L.B. Nagar, seeking perpetual injunction and a writ petition uide W.P.No.37929 of 2022 Lras been filed by the petitioner on the file of this Court and the same are pending \ 2 CVBR, J wp-t2774_2025 adjudication. The case o[ the petitioner is thaL he has Iiled a representation on the file of the revenue authorities dated 21.O1.2025, requesting to delete and rectify the unauthorized and illegal entries that have been made in the revenue records; to suspend further transfer of subject lands till the hnal disposal o[ his complaint; to investigate the fraudulent transactions and revoke any registrations made without a legal basis or consent; to take strict action against individuals and officials complicit in these fraudulent activities and to prevent further encroachinents and ensure restoration of his undisputed ownership. However, the respondents have not initiated any action, till date. Hence, the present writ petition.

4. A careful examination of the facts would reveal that there are serious disputes over the subject property regarding title and possession. It is well settled law that when there are inter se disputes among the parties, the writ petition is not the appropriate remedy to resolve the disputes relating to right, titte, and possession of the property. The questions as to who is the rightful owner of the land in question; who is in possession of the subject property, and if so, since when, how, and under what circumstances they claim to be in possession; whether such CVBR, J w 1277 4 _2025 possesslon can be regarded as regal vis-d_vis the true owner, etc., are material questions that arose for consideration in this writ petition. In mv view, these are pure questions of fact, which can only be appropriately addressed by a civil court in a properly instituted civil suit, based on the evidence adduced by the parties, and not in a writ petition filed under Article 226 of the Constitution of India. It has been consistently hetd by this Court and the Hon'ble Supreme court that a regular civil suit is the proper remedy lor the adjudication of disputes relating to property righ r s.

5. For thc aforesaid reasons, this Court is not inclined to grant any relief and accordingly, the writ petition is dismissed. It is needless to observe that if the petitioner is having any.claim, he rs at liberty to agitate his grrevance in the pending suit in accordance with law. As a sequel thereto, miscellaneous petitions, if any, pending shall stancl closed No order as to costs To \ //TRUE COPYII S D/. T.TIRUMALA DEVI DEPUW REGISTRAR / sE-cnoru oFFtcER /

1. The Princi pal Secretary (Revenue ), Secretariat B Telangan a at Hyderabad, Telangana - 500022 2. The Distri ct Collector, Ran ga Reddy District I ntegrated District Office Complexes, Kongara Kala n Village, tbrahim patnam Mandal Ranga Reddy District, Tel angana - 501510 The Tahsildar, MRO Office, Near GHMC Zonal Office, HCU Bus De pot Road, Serilingam pally Manddl, Ran ga Reddy District, Telan gana 500046 The Reve nue Divisional Offi T elangana cer, Raj enda r Nagar, Ra nga Reddy District, ing, Khairtabad State of 4 -.=r-:_

5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

6. One CC to M/s THAKUR POORNIMA, Advocate [OPUC] 7. Two CD Copies SA W\ \ HIGH COURT DATED:2510412025 t t ORDER WP.No.12774 of 2025 irr-:iI41 € c t J o 28 I.IN M o t O6.9;,,..1 r1,v\ {' t DISMISSING THE W.P AT THE STAGE OF ADMISSTON WITHOUT COSTS. ( "LI

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