THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.1028 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. M.V.Praveen Kumar, learned counsel for the
appellant.
Mr. Mummaneni Srinivasa Rao, learned counsel for
respondent No.1.
Mr. T.Srikanth Reddy, learned Government Pleader
for Revenue for respondents No.2 to 5.
2. With the consent of the parties, the writ appeal is
heard finally.
3. This intra court appeal has been filed against the
order dated 16.08.2023 passed by the learned Single Judge
by which the writ petition preferred by respondent No.1,
namely W.P.No.12521 of 2020, has been allowed and the
action of the District Collector, Mulug District, in
entertaining the complaint filed by the appellant has been
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held to be illegal. Respondents No.3 to 5 herein have been
directed not to interfere with the peaceful possession and
enjoyment of respondent No.1 over the land in Survey
No.34/1 measuring Ac.1.62½ cents situated at
Venkatapuram Village and Mandal, Mulug District, without
due process of law.
4. Facts
giving rise to filing of this writ appeal briefly stated are that there is a dispute with regard to title of the subject land between respondent No.1 and the appellant. It is also not in dispute that the appellant had filed O.S.No.97 of 2017 seeking the relief of permanent injunction. In the said suit, an application for temporary injunction was also filed, which was rejected by the trial Court by an order dated 08.11.2017. It is also not in dispute that the appellant did not challenge the aforesaid order and the order rejecting the application for grant of injunction has attained finality. Thereafter, it appears that on the basis of the complaint made by the appellant, a criminal case for the offence under Sections 447 and 324 of IPC has been registered against respondent No.1. 3 Thereafter, the appellant submitted a complaint to the District Collector, Mulug, on 13.07.2020 in which it was stated that respondent No.1 along with his followers is threatening to dispossess the appellant from the land in question. Thereupon, respondent No.1 filed the writ petition before this Court. The learned Single Judge allowed the writ petition and the action of the District Collector, Mulug District, in entertaining the complaint filed by the appellant has been held to be illegal.
5. In the aforesaid factual background, this writ appeal has been filed.
6. Learned counsel for the appellant submitted that no orders have been passed on the complaint submitted by the appellant to the District Collector, Mulug, and therefore no cause of action has accrued to respondent No.1 to approach the learned Single Judge by filing the writ petition.
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7. On the other hand, learned counsel for respondent No.1 has supported the order passed by the learned Single Judge.
8. We have considered the submissions made on both sides.
9. In the instant case, the appellant filed a complaint on 13.07.2020 to the District Collector, Mulug. Admittedly, on the aforesaid complaint, no orders have been passed.
10. Therefore, in the facts and circumstances of the case, the order dated 16.08.2023 passed by the learned Single Judge is modified and it is directed that the District Collector, Mulug, shall hear the appellant as well as respondent No.1 before passing any order on the complaint dated 13.07.2020, which has been filed by the appellant.
11. To the aforesaid extent, the order passed by the learned Single Judge is modified and the writ appeal is disposed of.
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Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ ALOK ARADHE, CJ ______________________________________ N.V.SHRAVAN KUMAR, J 31.10.2023 vs