THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
W.A.No.93 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
27.07.2020 passed by the learned Single Judge in
W.P.No.9235 of 2020.
The undisputed facts of the case reveal that one Mr. Aziz
Jeelani, respondent No.1 in the present writ appeal, came up
before this court by filing the writ petition stating that the Tahsildar, the Revenue Divisional Officer and the District Collector, Medchal-Malkajgiri District, were illegally interfering into his property in Survey Nos.576, 578 and 579, admeasuring Ac.6.04 guntas, situated in Alwal Mandal, Medchal-Malkajgiri District.
Learned Government Advocate appearing in the matter stated categorically before the learned Single Judge that mutation proceedings took place in favour of the writ petitioner and the Joint Collector has granted an interim order staying the mutation proceedings, however, the authorities are not at all interfering with the possession of the writ petitioner.
The learned Single Judge, after observing that any private dispute between the parties is left open and the writ petitioner is free to work out his remedies, has disposed of the writ petition. Meaning thereby, no relief has been granted to the writ petitioner while disposing of the writ petition.
Now, a writ appeal has been filed by one Sri Venkateswara Plot Owners Association being aggrieved by the order passed by the 2 learned Single Judge. In the considered opinion of this court, once no relief has been granted to respondent No.1/writ petitioner and merely a liberty has been granted to work out his remedies, in case of private dispute, this court does not find any reason to interfere with the order passed by the learned Single Judge.
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 02.12.2021 JSU