THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
WRIT APPEAL No.3 of 2010
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is of the year 2010.
The facts of the case reveal that the writ petitioner
came up before this Court stating that it has purchased
the land to an extent of 971.57 square yards bearing
premises No.7-1-621 forming part of survey No.25 and
26 of Srinivasanagar Colony, Ameerpet, Hyderabad. It
was stated that the second respondent put fencing over
the land of the writ petitioner as if it was acquired in the year 1987.
The disputed question of fact i.e., whether the land which is being claimed by the Commissioner, Hyderabad Metropolitan Development Authority is a private land or not, came up before the learned Single Judge. The learned Single Judge has disposed of the writ petition with a liberty to parties to work out their remedies by approaching the civil court.
In the considered opinion of this Court, the disputes relating to title, possession and grant of injunction can 2 be looked into by the civil court and not by this Court in exercise of writ jurisdiction under Article 226 of the Constitution of India. The learned Single Judge was justified in disposing of the writ petition giving liberty to the parties to approach the civil court and no case is made out in the matter.
The writ appeal is accordingly dismissed. Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 19.11.2021 vs