THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
W.A.No.187 of 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
02.03.2020
passed by the learned Single Judge in W.P.No.4536 of 2020.
The undisputed facts of the case reveal that the writ petition was preferred for issuance of an appropriate writ, order or direction to the Tahsildar, the Revenue Divisional Officer and the District Collector to issue the assignment patta certificate to the appellants/writ petitioners in respect of the land admeasuring Ac.2.11 guntas in Survey No.449, out of Ac.7.08 guntas, situated in Chinnakaparthy Village. A prayer was also made before the learned Single Judge to direct the aforesaid authorities to decide the appellants/writ petitioners' representations dated 25.09.2019 and 03.07.2008. The undisputed facts further reveal that the appellants/writ petitioners have pattadar pass books and title deeds in respect of land admeasuring Ac.4.36 guntas, out of Ac.7.08 guntas, and they wanted declaration of title in respect of the entire land of Ac.7.08 gutnas in Survey No.449.
In the considered opinion of this court, such a relief cannot be granted to the appellants/writ petitioners, declaring them the title holders of the entire land, especially when they do not have any title and therefore, as no document in respect of entitlement was produced before the learned Single Judge, the learned Single Judge was justified in dismissing the writ petition. This Court also 2 does not find any reason to interfere with the order passed by the learned Single Judge.
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