THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY
WRIT APPEAL No.600 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of an order dated
07.09.2019 in W.P.No.20408 of 2021 passed by the learned
Single Judge, by which the learned Single Judge has directed
the Tahsildar/respondent No.4 herein to assign a slot and
finalise the issue on the claim of the writ petitioner/ respondent No.1 herein as expeditiously as possible within a period of four weeks from the date of a copy of the said order.
The facts of the case reveal that the writ petitioner before the learned Single Judge has filed the writ petition praying for issuance of a writ, order or direction directing the Tahsildar/respondent No.4 herein to take into account the documents furnished by the writ petitioner in respect of succession and enter the name of the writ petitioner in the revenue records and Dharani Portal as requisite fee has been paid by him. The learned Single Judge has simply directed the Tahsildar/respondent No.4 herein to assign a slot as requisite fee has been paid and to finalise the claim of the writ petitioner.
The appellants before this Court are also claiming interest in the same land and their contention is that they were not heard by the learned Single Judge and the writ petitioner has not disclosed full facts before the learned Single Judge. 2
This Court has carefully gone through the order passed by the learned Single Judge and it nowhere reflects that the appellants were parties in the writ petition. The registration of the document does not confer any title. In case the appellants are disputing the title of the writ petitioner, they have a remedy of filing a civil suit. The disputed questions of facts cannot be looked into by this Court in the writ appeal and the learned Single Judge has simply directed the Tahsildar/respondent No.4 herein to assign a slot and to finalise the matter in relation to registration of the document. The appellants are free to approach the Tahsildar/respondent No.4 herein and are free to establish their title before the civil court by institution a suit. The trial court, after evidence is adduced by the parties, shall certainly be free to pass appropriate orders in accordance with law. This court does not find any reason to interfere with the order passed by the learned Single Judge and therefore, the writ appeal is liable to be dismissed.
Resultantly, the writ appeal is dismissed. Miscellaneous petitions, if any, pending in this writ appeal shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ A. RAJASHEKER REDDY, J 22.11.2021 PLN