Item No.12
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL No.118 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The present appeal is directed against an order
dated 14.12.2020 passed by the learned Single Judge dismissing
W.P.No.22245 of 2020 filed by the appellant/writ petitioner wherein,
the prayer made was for issuing directions to the respondents/revenue
authorities to issue the pattadar pass book in her favour in respect of the land admeasuring Acs.72.00 situated in Survey No.276 of Puppalguda Village, Gandipet Mandal, Ranga Reddy District and consequently, direct the respondents to implement the letter dated 20.07.2020 issued by the respondent No.2/Collector, Ranga Reddy District.
2. In the impugned order, the learned Single Judge has recorded the submission made by learned Assistant Government Pleader for the Revenue to the effect that the petitioner has not filed any record to demonstrate that she is the owner and possessor of the subject land. In fact, an assertion was made by learned Assistant Government Pleader that the land in question is a Government land, possession whereof is also with the Government and that the petitioner has no right, title or interest over the subject land. On examining the records of the writ petition, the learned Single Judge noted that the W.A.No.118 of 2021 Page 1 of 3 appellant/writ petitioner is claiming to be the owner of the subject land on the plea that she had acquired the same from her father by way of an "oral gift". In view of the stand taken by the respondents/revenue authorities that the subject land is a Government land and possession thereof is with the Government and noting that there is a serious dispute with regard to ownership and possession of the appellant/writ petitioner over the said land, which requires determination in a competent civil court, the learned Single Judge has declined to entertain the writ petition and relegated the parties to work out their remedies before the civil court.
3. Learned counsel for the appellant/writ petitioner states that the appellant/writ petitioner has not approached the learned Single Judge for issuance of the pattadar pass book, rather she had only requested that her application be considered by a competent authority.
4. We may note that the relief prayed for in the writ petition is to the contrary. The appellant/writ petitioner has specifically challenged the inaction of the respondents/revenue authorities in issuing pattadar pass book in her favour in respect of the subject land. The submission made by learned counsel for the appellant/writ petitioner runs in the teeth of the prayer made in the writ petition.
5. Having perused the impugned order where, it has been recorded that there is a dispute with regard to the title and possession of the subject land, we are of the opinion that the learned Single Judge has rightly declined to entertain the writ petition. We see no reason to W.A.No.118 of 2021 Page 2 of 3 interfere in the said order. It is for the appellant/writ petitioner to file appropriate proceedings to establish her title in respect of the subject land and only thereafter, would she be entitled to seek the consequential relief of issuance of a pattadar pass book in her favour.
6. The appeal is dismissed in limini along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 16.04.2021 lur W.A.No.118 of 2021 Page 3 of 3