Sri Venkateswara Plot Owners ... vs Sri Aziz Jeelani
2021 Latest Caselaw 4113 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                            AND
             THE HON'BLE SRI JUSTICE N. TUKARAMJI

                               W.A.No.93 of 2021


JUDGMENT:     (Per the Hon'ble the Chief Justice Satish Chandra Sharma)



       The present writ appeal is arising out of the order dated

27.07.2020     passed           by       the        learned           Single   Judge   in

W.P.No.9235 of 2020.

      The undisputed facts of the case reveal that one Mr. Aziz

Jeelani, respondent No.1 in the present writ appeal, came up

before this court by filing the writ petition stating that the

Tahsildar, the Revenue Divisional Officer and the District Collector,

Medchal-Malkajgiri District, were illegally interfering into his

property in Survey Nos.576, 578 and 579, admeasuring Ac.6.04

guntas, situated in Alwal Mandal, Medchal-Malkajgiri District.

Learned Government Advocate appearing in the matter

stated categorically before the learned Single Judge that mutation

proceedings took place in favour of the writ petitioner and the Joint

Collector has granted an interim order staying the mutation

proceedings, however, the authorities are not at all interfering with

the possession of the writ petitioner.

The learned Single Judge, after observing that any private

dispute between the parties is left open and the writ petitioner is

free to work out his remedies, has disposed of the writ petition.

Meaning thereby, no relief has been granted to the writ petitioner

while disposing of the writ petition.

Now, a writ appeal has been filed by one Sri Venkateswara

Plot Owners Association being aggrieved by the order passed by the

learned Single Judge. In the considered opinion of this court, once

no relief has been granted to respondent No.1/writ petitioner and

merely a liberty has been granted to work out his remedies, in case

of private dispute, this court does not find any reason to interfere

with the order passed by the learned Single Judge.

Admission is declined. The writ appeal is dismissed.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ

_______________________ N. TUKARAMJI, J 02.12.2021 JSU