THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
W.A.No.886 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
23.10.2019 passed by the learned Single Judge in
W.P.No.22525 of 2019.
The undisputed facts of the case reveal that the
appellant/writ petitioner came up before this court stating
that he was assigned land to the extent of Ac.1.30 guntas in
Survey No.1421/226 of Ramayampet Village and Mandal,
Medak District, and he was being dispossessed.
The learned Single Judge has arrived at a finding of fact
that except for proceedings of assignment granted to the
appellant/writ petitioner and reflection of his name in the
pahanies, no other material was placed on record to show
that there was identification of land with clear demarcation.
It has also been observed that based upon the material on
record, no such order could be passed restraining the
respondents from interference of his peaceful possession.
In the considered opinion of this court, in case the appellant/writ petitioner is being dispossessed from his peaceful possession as prayed for in the writ petition, he does have a remedy to approach the Civil Court by filing a civil suit 2 and to obtain an order of injunction. This court cannot grant the relief as prayed by the appellant/writ petitioner.
Admission is declined. The writ appeal is dismissed.
Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ _______________________ N. TUKARAMJI, J 01.12.2021 JSU