M/S. Vijaya Constructions, vs The Government Of Andhra Pradesh
2021 Latest Caselaw 3642 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                    AND
        THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY


                     WRIT APPEAL No.3 of 2010


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




     The present writ appeal is of the year 2010.


     The facts of the case reveal that the writ petitioner

came up before this Court stating that it has purchased

the land to an extent of 971.57 square yards bearing

premises No.7-1-621 forming part of survey No.25 and

26 of Srinivasanagar Colony, Ameerpet, Hyderabad. It

was stated that the second respondent put fencing over

the land of the writ petitioner as if it was acquired in the

year 1987.

The disputed question of fact i.e., whether the land

which is being claimed by the Commissioner, Hyderabad

Metropolitan Development Authority is a private land or

not, came up before the learned Single Judge. The

learned Single Judge has disposed of the writ petition

with a liberty to parties to work out their remedies by

approaching the civil court.

In the considered opinion of this Court, the disputes

relating to title, possession and grant of injunction can

be looked into by the civil court and not by this Court in

exercise of writ jurisdiction under Article 226 of the

Constitution of India. The learned Single Judge was

justified in disposing of the writ petition giving liberty to

the parties to approach the civil court and no case is

made out in the matter.

The writ appeal is accordingly dismissed.

Miscellaneous petitions pending, if any, shall stand

closed. There shall be no order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ

___________________________ A.RAJASHEKER REDDY, J 19.11.2021 vs