THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY
WRIT APPEAL No.216 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order dated
29.04.2021 passed in W.P.No.11787 of 2021 by the learned Single
Judge.
The facts of the case reveal that the writ petitioner, who is
respondent No.1 in the present writ appeal, has filed a writ petition
stating that in his private property the respondents therein are creating obstruction and interfering with his peaceful possession and in those circumstances, the learned Single Judge has granted an order restraining the respondents from interfering with the peaceful possession of the writ petitioner and has also permitted the writ petitioner to carryout construction activities.
In the considered opinion of this Court, in the present case the writ petitioner was claiming injunction based upon his title. The proper remedy would have been to file a civil suit. In exercise of jurisdiction under Article 226 of the Constitution of India no title can be decided as has been done in the present case.
The impugned order passed by the learned Single Judge in the writ petition is as under:
"Heard learned counsel for the petitioner and learned Government Pleader.
It is the case of the petitioner that when the petitioner is intending to construct temporary room and also fencing his property by keeping it intact, the respondents started interfering, hence, this writ petition.2
Having regard to the facts and circumstances of the case, this writ petition is disposed of directing the respondents not to interfere with the petitioner activity in so far as fencing is concerned. However, in the event, if the petitioner is proceeding to raise any construction activity, the respondents are at liberty to take steps, in accordance with law. There shall be no order as to costs.
Miscellaneous petitions, if any, shall stand closed."
In the considered opinion of this Court, keeping in view that there was a title dispute and an injunction order has been granted by the learned Single Judge in exercise of his jurisdiction under Article 226 of the Constitution of India, the order passed by learned Single Judge is set aside. However, parties shall be free to argue the writ petition, which is pending before the learned Single Judge, on merits.
With the above, the writ appeal is allowed. Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ A. RAJASHEKER REDDY, J 18.11.2021 ES