Gurija Sathaiah And 4 Others vs The Tahsildar And 3 Others
2021 Latest Caselaw 4116 Tel

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

                               W.A.No.187 of 2020


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



        The present writ appeal is arising out of the order dated

02.03.2020

passed by the learned Single Judge in W.P.No.4536 of

2020.

The undisputed facts of the case reveal that the writ petition

was preferred for issuance of an appropriate writ, order or

direction to the Tahsildar, the Revenue Divisional Officer and the

District Collector to issue the assignment patta certificate to the

appellants/writ petitioners in respect of the land admeasuring

Ac.2.11 guntas in Survey No.449, out of Ac.7.08 guntas, situated

in Chinnakaparthy Village. A prayer was also made before the

learned Single Judge to direct the aforesaid authorities to decide

the appellants/writ petitioners' representations dated 25.09.2019

and 03.07.2008. The undisputed facts further reveal that the

appellants/writ petitioners have pattadar pass books and title

deeds in respect of land admeasuring Ac.4.36 guntas, out of

Ac.7.08 guntas, and they wanted declaration of title in respect of

the entire land of Ac.7.08 gutnas in Survey No.449.

In the considered opinion of this court, such a relief cannot

be granted to the appellants/writ petitioners, declaring them the

title holders of the entire land, especially when they do not have

any title and therefore, as no document in respect of entitlement

was produced before the learned Single Judge, the learned Single

Judge was justified in dismissing the writ petition. This Court also

does not find any reason to interfere with the order passed by the

learned Single Judge.

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