Kokku Naresh vs Milkuri Narsaiah
2021 Latest Caselaw 3664 Tel

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

                     WRIT APPEAL No.600 of 2021

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




     The present writ appeal is arising out of an order dated

07.09.2019 in W.P.No.20408 of 2021 passed by the learned

Single Judge, by which the learned Single Judge has directed

the Tahsildar/respondent No.4 herein to assign a slot and

finalise the issue on the claim of the writ petitioner/ respondent

No.1 herein as expeditiously as possible within a period of four

weeks from the date of a copy of the said order.

The facts of the case reveal that the writ petitioner before

the learned Single Judge has filed the writ petition praying for

issuance of a writ, order or direction directing the

Tahsildar/respondent No.4 herein to take into account the

documents furnished by the writ petitioner in respect of

succession and enter the name of the writ petitioner in the

revenue records and Dharani Portal as requisite fee has been

paid by him. The learned Single Judge has simply directed the

Tahsildar/respondent No.4 herein to assign a slot as requisite

fee has been paid and to finalise the claim of the writ petitioner.

The appellants before this Court are also claiming interest

in the same land and their contention is that they were not

heard by the learned Single Judge and the writ petitioner has

not disclosed full facts before the learned Single Judge.

This Court has carefully gone through the order passed

by the learned Single Judge and it nowhere reflects that the

appellants were parties in the writ petition. The registration of

the document does not confer any title. In case the appellants

are disputing the title of the writ petitioner, they have a remedy

of filing a civil suit. The disputed questions of facts cannot be

looked into by this Court in the writ appeal and the learned

Single Judge has simply directed the Tahsildar/respondent

No.4 herein to assign a slot and to finalise the matter in

relation to registration of the document. The appellants are free

to approach the Tahsildar/respondent No.4 herein and are free

to establish their title before the civil court by institution a suit.

The trial court, after evidence is adduced by the parties, shall

certainly be free to pass appropriate orders in accordance with

law. This court does not find any reason to interfere with the

order passed by the learned Single Judge and therefore, the

writ appeal is liable to be dismissed.

Resultantly, the writ appeal is dismissed. Miscellaneous

petitions, if any, pending in this writ appeal shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ A. RAJASHEKER REDDY, J 22.11.2021 PLN