THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.981 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. Syed Lateef, learned counsel for the appellant.
Mr. T. Srikanth Reddy, learned Government Pleader
for Stamps and Registration, for respondent Nos.1 and 2.
Mr. M.A.K. Mukheed, learned counsel for respondent Nos.3 and 4.
2. In this intra court appeal, the appellant has assailed the validity of order dated 09.02.2023 passed by the learned Single Judge by which W.P.No.18899 of 2022 preferred by him has been dismissed.
3. The facts giving rise to filing of this appeal briefly stated are that the appellant has entered into an agreement in respect of land admeasuring Acs.8.00 in Sy.No.276/LU situated at Zaheerabad Village, Sanga Reddy District (hereinafter referred to as "the subject ::2::
land"). Respondent No.2 has registered the sale deed dated 18.02.2022 in respect of the subject land. Thereupon, the appellant filed the writ petition under which a declaration was sought that the action of registering the sale deed dated 18.02.2022 is without any authority of law as the subject land is not an agricultural land. The writ petition preferred by the appellant has been dismissed by the learned Single Judge inter alia on the ground that the appellant has no right in respect of the subject land.
4. Learned counsel for the appellant submits that the learned Single Judge ought to have appreciated that the subject land was not an agricultural land and therefore, respondent No.2 has no authority to execute the sale deed.
5. Be that as it may, the appellant claims title in respect of the subject land on the strength of an agreement. It is not in dispute that the appellant has filed a civil suit seeking relief of permanent injunction. Therefore, it is open for the appellant to seek declaration that the aforesaid sale deed is illegal in the civil suit instituted by him. Therefore, the learned Single Judge has rightly ::3::
declined to entertain the writ petition preferred by the appellant.
6. In the result, we do not find any merit in this appeal, the same fails and is hereby dismissed. There shall be no order as to costs.
Miscellaneous applications pending, if any, shall stand closed.
_______________________________ ALOK ARADHE, CJ _______________________________ N.V.SHRAVAN KUMAR, J Date: 09.10.2023 ES