M/S. Geetha Weaker Cooperative ... vs The State Of Telangana
2021 Latest Caselaw 3792 Tel

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


                   WRIT APPEAL No.815 of 2019

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


      The appellant before this Court has filed the present

appeal being aggrieved by the order dated 08.07.2019 passed

in W.P.No.13089 of 2019 by the learned Single Judge.

      The facts of the case reveal that the writ petition was

preferred by the appellant/writ petitioner/society claiming to

be the owner and in possession of land to an extent of Ac.5.00

guntas in Sy.No.47 and Ac.5.00 guntas in Sy.No.153 situated

at Kapra Village based upon a gift deed dated 10.04.2008

executed by Mohd. Ishaq Aleemuddin Khan, who was the

General Power of Attorney holder of Smt. Mehboobunnisa

Begum.      It was stated that the respondent authorities are

interfering with the possession of the appellant/society. The

learned Single Judge, as a claim was made on the basis of

unregistered gift deed and no material was placed to establish

that the society is in possession, has dismissed the writ

petition.

In the considered opinion of this Court, if the

appellant/society wants an injunction or claiming title by

virtue of the gift deed, the remedy available to the appellant is

to file a civil suit and as the disputed questions of fact could

not have been decided in the writ petition, the learned Single

Judge was justified in dismissing the writ petition. No case is

made out to interfere with the order passed by the learned

Single Judge.

Resultantly, the writ appeal is dismissed.

Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ A. RAJASHEKER REDDY, J

25.11.2021 ES