Telangana High Court

Smt. Uke Nagamma vs The Telangana State Human Rights ... on 15 December, 2021

Bench: Satish Chandra Sharma, N.Tukaramji

 THE HON'BLE CHIEF JUSTICE SATISH CHANDRA SHARMA

                                AND

      THE HON'BLE SRI JUSTICE N. TUKARAMJI


             WRIT APPEAL No.650 of 2021


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



     The present Writ Appeal is arising out of the order

dated 8th November, 2021 passed by the learned single

Judge in Writ Petition No.14868 of 2021.


     The facts of the case will be that the appellant has

preferred a Writ Petition for issuance of appropriate order

/ direction directing 7th and 8th respondents not to enter

into the land of petitioner.

It was stated by the petitioner in the said Writ

Petition that she is the owner of agricultural land

admeasuring Acs.1.07 guntas in Sy.No.273/22 and

Acs.1.07 guntas in Sy.No.273/23, situate at Dammapet,

and Acs.4.00 guntas in Sy.No.269 of Pedda Gollagudem

Revenue Village.

It was also claimed by the petitioner that she is the

absolute owner of agricultural land, and she had also

filed a Civil Suit O.S.No.208 of 2020 against 12th and 13th

respondents.

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It was also stated in the said suit that she sought a

perpetual injunction and an ad interim injunction order

was passed on 28.08.2020 in Interlocutory Application

No.194 of 2020 therein restraining 12th and 13th

respondents from interfering with the peaceful

possession and enjoyment of the petitioner.

It has been further stated that the petitioner has

also filed a Writ Petition No.6658 of 2020 for issuance of

an appropriate order directing to declare the action of the

Station House Officer, Dammapeta Police Station,

Dammapeta and the Tahsildar, Dammapet Mandal,

Bhadradri Kothagudem District, Telangana for allegedly

colluding with unofficial respondents and not permitting

the petitioner to enter the fields. It has also been stated

that the police was interfering with the petitioner's

possession.

In the said Writ Petition No.6658 of 2020, a prayer

was made for restraining the Station House Officer,

Dammapeta Police Station, Dammapeta and the

Tahsildar, Dammapet Mandal, Bhadradri Kothagudem

District, Telangana from entering the petitioner's fields.

The 13th respondent, Sri P.V.P. Chandra Kumar, did

file a reply before the learned Single Judge stating ::3::

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categorically that he is, in fact, owner of land in

Sy.No.273/81 admeasuring Acs.5.00 gts. at Dammapet

Village and Mandal, and that was assigned by the

Government to him. It has been further stated that as

the petitioner / appellant was interfering with the

possession he has filed O.S.No.137 of 2020, and the

Principal Junior Civil Judge, Sathupally has granted

interim injunction on 30.04.2020. It has been further

stated that the 8th respondent has also filed a counter,

and it has been stated that there are serious disputed

question of facts in the matter.

Also, it is pertinent to note that two Civil Suits and

one Writ Petition are pending, and there is a dispute

regarding identification of property and title, and the

disputes are to be decided by the Civil Court.

Meanwhile, the appellant herein is claiming

ownership and title to her land in Sy.Nos.273/22 and

273/23 of Dammapet Village and also in Sy.No.269 of

Pedda Gollagudem Revenue Village, and the above Civil

Suits are pending between the parties.

The learned Single Judge disposed of the Writ

Petition No.14868 of 2021 with the following

observations, viz., ::4::

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"11. The petitioner herein has filed W.P.No.6658 of 2020 with almost similar relief, and this Court ordered notice. There is no interim order. Respondent no.13 has filed W.P.No.20516 of 2020, and this Court vide orders dated 26.11.2020 in I.A.No.1 of 2020 recorded the apprehension of the petitioner therein and directed to maintain status quo. The said Writ Petition is also pending and the said order is subsisting. The petitioner and two others have filed W.P.No.18497 of 2020 against the respondents herein including respondent nos.12 and 13 to declare the action of the Principal Junior Civil Judge, Khammam District at Sathupally, without having its jurisdiction in entertaining the suit filed by respondent No.12 for perpetual injunction in O.S.No.137 of 2020 and passing ex parte order dated 03.04.2020 in I.A.No.2 of 2020 as illegal, and for a consequential direction to redirect respondent no.6 to assail the rights before the proper forum forthwith. A Division Bench of this Court vide order dated 09.03.2020, disposed of the said Writ Petition granting liberty to the petitioners therein to file a suit seeking rejection of the plaint. Therefore, the petitioner is aware of the pendency of the said suit in O.S.No.137 of 2020.

12. In view of the above, it is clear that there is a dispute with regard to the identification of property since O.S.No.208 of 2020 filed by the petitioner relates to the agricultural land bearing Sy.No.269/1 to an extent of Acs.4.00 guntas situated at Pedda Gollagudem Revenue Village of Dammapet Mandal, whereas O.S.No.137 of 2020 filed by respondent no.12 relates to the oil palm garden bearing Survey No.273/81 to an extent of Acs.5.00 guntas of Dammapet Revenue Village of Bhadradri - Kothagudem District. Thus, both the schedule of properties are different, survey numbers are different. Even according to respondent No.8, the petitioner is not in possession of ::5::

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the subject land. The said dispute with regard to the identification of property, it has to be decided by a competent Civil Court and not by this Court under Article 226 of the Constitution of India. Thus, there are disputed questions of facts including title and possession of the petitioner over the subject property which are to be resolved by the competent Civil Court. The petitioner herein failed to make out any case and, therefore, the Writ Petition is liable to be dismissed.

13. The present Writ Petition is accordingly dismissed granting liberty to both the petitioner and respondent nos.12 and 13 to decide the said disputed question of facts in the aforesaid suits and thereafter they are at liberty to seek police aid. The interim order granted by this Court stands vacated."

In the considered opinion of this Court, as there are

serious disputes with regard to the identification of

property and O.S.No.208 of 2020 has been filed by the

petitioner which relates to agricultural land bearing

Sy.No.269/1 to an extent of Acs.4.00 guntas situated at

Pedda Gollagudem Revenue Village of Dammapet

Mandal, whereas O.S.No.137 of 2020 filed by respondent

no.12 relates to Survey No.273/81, the dispute with

regard to identification of property has to be decided by

the Civil Court and certainly not in exercise of powers

conferred under Article 226 by the Constitution of India

by the High Court.