THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
W.A.No.901 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
07.11.2019 passed by the learned Single Judge in W.P.No.20376 of
2019.
The undisputed facts of the case reveal that the present
appellant and respondent Nos.7, 8 and 9 are having a dispute in
respect of property bearing Survey No.10, to an extent of Ac.1.00, situated in Bommaipally Village, Bhongir Mandal. The undisputed facts also reveal that four criminal cases were registered against respondent Nos.7, 8 and 9 and the writ petition was preferred stating that the police were not taking action in the matter.
Today, when the matter was taken up, it was informed by learned counsel appearing for respondent Nos.7, 8 and 9, in open court, that Criminal Petition Nos.7059, 7063 and 7055 of 2020 have been filed for quashing the criminal proceedings and interim order has been granted.
In the considered opinion of this court, once there is a stay order passed by this court in the petitions for quashing the criminal proceedings, no such direction can be issued to the police to proceed further. Otherwise also, the dispute relating to title cannot be looked into in a writ petition and therefore, the parties shall be free to take recourse to the remedies provided under the Code of Civil Procedure.
With the aforesaid, the writ appeal stands disposed of. 2 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