Shaik Mazar v. '1 . The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents 2 to 5 in interfering /dispossession of the petitioner from his peaceful possession and enjoyment of the land in Survey No. 307 admeasuring Ac. 10-02 Guntur sittinted at Gajuraram village, Quthbullapur Mandal, Medchal-Malkajgiri district Telangana State bounded by North Survey No. 335, 336 and 337, South Part of Survey No. 307, East Sy.No. 321 and 322, West Part of Sy.No 307 is without following due process of law is illegal, arbitrary and violation of Articles 14,21 and 3004 of the Constitution of lndia and consequently direct the respondents not to interfere n;*IEq+"1:f dispossess the petitioner's from his peaceful possession and enjoyment of the above stated lands. lA NO: 1 OF 2025 Petition under Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to interfere/d ispo ssess the pelitioner from his peaceful possession and enjoyment of the land in Survey No. 307 admeasuring Ac. 10-02 Guntur situated at Gajularamraram village, Quthbullapur Mandal, Medchal- Malkajgiri district Telangana State bounded by North Survey No.335,336 and 337, South Part ofSurvey No.307, East Sy.No.321 and 322, West Part ofSy.No 307 pending disposal of the main writ petition. Counsel for the Petitioner :SRl. MOHD BARKAT ALI Counsel forthe Respondent NO 1 TO 4 :GP FOR REVENUE Counsel forthe Respondent NO 5 : The GP FOR HOME The Court made the following: ORDER -+EE!?qry -;:y l!f!E*--', ./ THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.l32a2 of2O2S ORDER: This writ petition is filed seeking following relief: 'For the reasons stated in the accompanying afhdavit, the Petitioner herein prays that this Honble Court may be pleased to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents 2 to 5 in interfering/dispossessron of the petitioner from hrs peaceful possession and enjoyment of the land in Survey No. 3O7 admeasuring Ac 10-O2 Guntas situated at Gajularamraram village, Quthbullapur Mandal Medchal-Malkajgiri district Telangana State bounded b1': North: Survey No 335, 336 and 337, South: Part of Survey No, 307, East: Sy.No. 321 and 322, West: Part of Sy.No 3O7 is u'ithout follorving due process of law is illegal, arbitrary and violation of Articles 14, 2l and 3OOA of the Constitution of India and consequently direct the respondents not to interfcre/dispossess the petitioncr's from his peaceful possession and enjo]'ment of the above stated lands and pass such other order or orders as this Hon'ble Court may deem Irt and proper in the circumstances of the case."

2. It is stated that the petitioner is the General Power of Attorney holder to Mohd. Rashid Hussain and Mohammed Shaukat Hussain in respect of land admeasuring Acs. 1O.02 guntas in Survey No.3O7, situated at Gajularamaram Village, Quthbullapur Mandal, Medchal-Malkajgiri District (for short, 'the subject land') and he is in peaceful possession of the subject Iand. The grievance of the petitioner is that respondent Nos.2 to 5 are threatening the petitioner to dispossess him from the subject land without issuing any notice or without following any due process under 1aw. Hence, the present writ petition.

3. Considered the submissions made by the learned counsel for the parties and u,ith their consent, this writ petition is being disposed of at the admission stage. ) 2 CVBR, J W.P.No.13282 of 2O25 \

4. On perusal of the record, it is seen that in order to prove the claim of possessiorl of the subject land, the petitioner has not filed any document showing the entries made in the revenue records or issuance of any pattadar passbook in favour of the petitioner.

5. Learnerl Assistant Government Plcader appearing for respondent Nos.I to 4, on instructions, would submit that the lantl in Survey No.3O7, situated at Gajularamaram Village, Quthbullapur Mandal, Medchal- Malkajgiri District is classified as Government. Therefore, he prayed this Court to dismiss r hc writ petition.

6. The parties to this q,rit petition are inviting this Court to adjudicate upon the issues relatrng l8/ right, title. arrcl posscssion ol the tfl,. subject property. In view of the seriouq disputes with regard to right, title and possession of the subject property, a writ petition is not the appropriate remedy to resolve the inter se disputcs between the parties, especially in the absence of examination of the documents relating to tillc and possession of the respective parties. The questions as to who is thc rightlul owner of the land in question; who is in possession of the subjecL property, and if so, since when, how, and under what circumstances they claim to be in possession; whether such possession can be regarded as legal vis-a-vis the true owner, etc., are material questions that arose for consideration in this writ petition. In my view, these are pure questions of fat:t, which can only be appropriately addressed by a civil court in a propcrly rnstituted civit suit, :4. CVBR, J W.P.No.13282 of 2O25 based on the evidence adduced by the parties, and not in a writ petition filed I under Article 226 of tlne Constitution of India. It has been consistently held by this Court and the Hon'ble Supreme Court that a regular civil suit is the proper remedy for the adjudication of disputes relating to property rights.

7. In Mohan Pandeg us. Usha Ro,ni Raigaria.l the Hon'ble Supreme Court observed as follows: "6: po<x..... It has repeatedly been held by this Court as also by various High Courts that a regular suit is the appropriate remedy for settlement of disputes relating to property rights betu,een private persons and that the remedy under Article 226 of the Constitution shall not be available except where violation of some statutory duty on the part of a statutory authority is alleged. And in such a case, the Court witl issue appropriate direction to the authority concerned. If the real grievance of the respo,$tflent is against the initiation of criminal proceedings, and the orders passed and steps taken thereon, she must avail of the remedy under the general law including the Criminal Procedure Code Thg llow the constitutional iurisdiction to be used for decidin Hish Court cannot law- civil or criminal afe disDutes. for which remedies- under the available. It is not inte nded to replace the ordinarv reme dies by wav of a suit or eneral cation available to a li n The urisdiction is s d extrao should not be exercised casuall or li " (emphasis supplied)

8. ln Duarkq Prasad Agarwal u. B,D. Agarual2, the Hon'ble Supreme Court observed as follows: \ i. "The High Court while exercising a power of judicial review is concerned with illegality, irrationality and procedural impropriety of an order passed by the State or a statutory authodty. Remedy under Artrcle 226 of the Constitution of India cannot be invoked for resolution of a private law dispute as contra distinguished from a dispute involving public law character. It is also well settled that a writ remedy is not available for resolution of a property or a title d ispu te. " '1reoz1 + scc or '1zoos1 o scc 230 + CVBR, J W.P.No.13282 of 2O25 (\

9. It is well settled law that this Court is not having jurisdiction to delve into the disputes and come to a conclusion with regard to right, title and possession of the partics in rcspect of the subject propert5r in the absence of determining the validity or otherwise of their entitlement being decided at the first instance. 1O. In view of the above discussion, since the present writ petition ts filed by the petitioner without enclosing any document in proof of his possession, this Court is of the opinion that if the petitioner is having any document in support of his claim that he is in possession of the subject land, he has to agitate his grievance by approaching the competent civil Court by filing a comprehensive civil suit to establish I'ris possession of the subject land and consequential relief. 1 1 . Accordingly, the Writ Petition is disposed of leaving it open to the petitioner agitate his grievance by approaching Lhe competent civil Court by filing a comprehensive civil suit and seek appropriate relief in accordance with law. Miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs. //TRUE COPY// SD/-N,RAJ GOPAL DEPUTY REGISTRAR SECTION OFFICER I To,

1. The State of Telangana, Rep.by its Principal Secretary, Department of Revenue Dr. B.R. Ambedkar .Secretariat Buildings, Hyderabad

2. The District Collector, Medchal-Malkajgiri district, Medchal 3. The Revenue Divisional officer, l\iledchal Revenue Division, I\/edchal- Malkajgiri district

4. The Tahsildar, Quthbullapur Mandal Quthbullapur, tt/edchal-Malkajgiri district lnxlq:ttttt l5lf :::.1it:txxt:,i-' -;-iii$, ..., 1x$11?:--:;:r,-.trrxxxxF* -

5. The Station House officer, Jagadgirigutta P.S Medchal-Malkajgiri district 6. One CC to SRI. MOHD BARKAT ALI Advocate IOPUCI 7. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana I

8. Two CC to The GP for Home, High Court for the State of Telangana, at Hyderabad[OUT] 9. Two CD Copies 1 I #- DD/BSK HIGH COURT DATED:2910412025 I \ ORDER WP.No.13282 of 2025 1HE Sra f6- o c,J 2 7 JUt{ ilm l!'t-s-^-. - {:_ I , DISPOSING THE WRIT PETITION WITHOUT COSTS 7 6 t\