THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY
WRIT APPEAL No.815 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The appellant before this Court has filed the present
appeal being aggrieved by the order dated 08.07.2019 passed
in W.P.No.13089 of 2019 by the learned Single Judge.
The facts of the case reveal that the writ petition was
preferred by the appellant/writ petitioner/society claiming to
be the owner and in possession of land to an extent of Ac.5.00
guntas in Sy.No.47 and Ac.5.00 guntas in Sy.No.153 situated
at Kapra Village based upon a gift deed dated 10.04.2008
executed by Mohd. Ishaq Aleemuddin Khan, who was the
General Power of Attorney holder of Smt. Mehboobunnisa
Begum. It was stated that the respondent authorities are
interfering with the possession of the appellant/society. The learned Single Judge, as a claim was made on the basis of unregistered gift deed and no material was placed to establish that the society is in possession, has dismissed the writ petition.
In the considered opinion of this Court, if the appellant/society wants an injunction or claiming title by virtue of the gift deed, the remedy available to the appellant is to file a civil suit and as the disputed questions of fact could not have been decided in the writ petition, the learned Single 2 Judge was justified in dismissing the writ petition. No case is made out to interfere with the order passed by the learned Single Judge.
Resultantly, the writ appeal is dismissed. Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ A. RAJASHEKER REDDY, J 25.11.2021 ES