✦ High Court of India · 23 Jan 2025

ORDER I il w I THE HON'BLE SRI JUSTICE C v. BHASKAR REDDY UIRIT PETITION No

Case Details High Court of India · 23 Jan 2025
Court
High Court of India
Decided
23 Jan 2025
Bench
Not available
Length
1,047 words

: osal of the Writ Petition Counsel for the Peti i,rner: SRl. p. SRINIVAS Counsel for the Res ,r:ndents: Gp FOR REVENUE The Court made the r:rllowing: ORDER I w I THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY UIRIT PETITION No.2O1 84 of 2o24 ORDER: This Writ Petition is ltled with the following relief: admeasuins Acres "...to issue an Order, Direction or Wit more particula.rly one in ti"-n ttrrre of Writ of Mondamus declaing the action of the ";;.p;;;;"; No2 &' 3 herein in dispossessing ttte Petitioner -ir"i * properat beaing open land admeasuing Acres 04-00 ti"i"" Ol"-r'.t i",", +sia'i Gunta's)' u-thich is port and parcel G::ta:-i: suruea ;;;;;;i;;; ito.sor/g admeasuring icres o1 o0 Guntas and Surueg -Uo,.SOit O admeosunig Acres O3-O0 Guntas' situo.ted at cuiularamoram Viltaqe, Qutubuttopur Mandal' .Medcha[' ii",ict leilier under Ranga Redda D'tstict) as iii"iiia ilteqal, arbitrary, unreosonoble, unconstitutional'. uithout i.tiir,:i"i i".""p'ro"":", o7 laut and uiolotirug the pinciples of 'ioturotjustice-and' conseqtently direct the Respondents not to ;;;;;;'";;,h" Petitioner'fromlhe aboue said land and pass ,u[n otn", ord.er or ord.ers as the Hon'bte Court moA deem fit and- proper in the interest of justice'" -488'05 lt is the case of the petitioner that he i ; the owner and 2. possessor of land admeasuring Ac'04-00 guntas in part of Sy.Nos.3O7/B and 307/D, situated at Gajularamaram Village' Qutubullapur Mandal, Medchal-Malkajgiri District having purchased the same under unregistered agreement of sale dated 07 .O3.2}lg from lawful owners lt is further case of the petitioner that since the date of entering into agreement of saie' he is in possession of the subject property' The grievance of the petitioner is that respondent Nos 2 and 3 at the instance of land grabbers are making effor-ts-.to dispossess him from the subject property. 2 CVBR, J v p,20184 _2024

3. Sr I\ respond e r I part of srr -v and r\c,2li Goverrtrr: : t after conrl tc respon <l: r t. relying on r the subje: petition a 1:l . Sreedhar Reddy, learned counsel rp:rcaring for 'lri.3 vehemently contended that the lands forming 'r Nos. 3O7 and 3O8, to an extent of Ac tl3.-OO guntas ()0 guntas, have been alienat ed try the State n favour of respondent No.3 - th.e Cor.pc.ratron and t,ng panchanama, possession was hard:d over to the l'1o.3. It is further submitted that the petitioner ' :egistered agreement of sale is c:laini ng right over ) 'operty and he has no locus to fi1e the p .esent writ . : e writ petition hled is misconceivcd.

4. propertl' l_ c right ot iu Lt provisio n s .r agreemerrt l'r rler is It il; s t led law that agreement holder rloes ,roi have the 'r :)rlty [o institute writ petition in t]re e bsence of 13 lawfully transferred in compliar-rr:e rvith the ,he Transfer of property Act, lgg2 Fl rther, an not entitled to seek injunction allainst the Ghulam Qadir Mir & Others t,s. uT of Jannmu dnd Ko,shzzlrtrl, it was held that unregister.e,l zrgreement to sell rLrc s not confer ownership rights ancl ;to surt for be maintained on the basis of such ttlretment. In rightful o.v:-r In declaral.ior iI the presert ,irse, the petitioner 1S ciaiming possessir.,n of the ' 2024 Live -avr .: I . 103 3 CVBR, J wp_201.84_2Q24 subject property solely on the basis of an unregistered agreement of sale. This Court, while exercising its jurisdiction under Article 226 of the Constitution of India, cannot adjudicate on issues relating to possession or determine the validity. of the title basing on an unregistered agreement of sale' In view of the foregoing discussion, this Court hnds no 5. merit in the writ petition hled by the petitioner' The relief sought cannot be granted, and the writ petition is 1iab1e to be dismissed'

6. Accordingly, the writ petition is dismissed' However' the petitioner is at liberty to approach the competent Civil Court and stJek appropriate relief, in accordance with law' As a sequel thereto, miscellaneous petitions, if any' pending shal1 stand closed' No order as to costs' SD/- A. SRINIVASA REDDY s ISTANT REGISTRAR //TRUE COPY//

1. One CC to SRl. P. SRINIVAS , Advocate IOPUC] 2. Two CCs to GP FOR REVENUE ,High Court for t Hyderabad [OUT] BM

3. Two CD Copies GJP (a- SECTION OFFICER he State of Telangana at I l i I l 1 To, i l l HIGH COUT?'" DATED:23,t,|-'. 12025 ORDER WP.No.2O184 of 2024 +) t) 1a+ ? i t't,, t lr( lr F.F' z C DISMISSING '-HE WRIT PETITION WITHOUT COSTS t

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments