Citation : 2021 Latest Caselaw 3806 Tel
Judgement Date : 26 November, 2021
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE K. LAKSHMAN
W.A.No.279 of 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
On 02.09.2021, there was no appearance on behalf of
the appellant. On 22.10.2021 again nobody appeared and
therefore, the matter has been listed under the heading of 'for
dismissal'. Today also, adjournment has been sought. The
prayer for grant of adjournment is declined.
The undisputed facts of the case reveal that the writ
petition was preferred by the appellant/writ petitioner against
the order dated 18.05.2019 passed by the Joint Collector,
Peddapalli District and there was a serious dispute of title
between the parties. The learned Single Judge has declined
to interfere with the order passed by the Joint Collector and a
liberty has been granted to work out the remedies on inter se
dispute regarding the ownership claim.
It is pertinent to note that a civil suit is also pending
i.e., O.S.No.36 of 2015. Therefore, in those circumstances,
the learned Single Judge was pleased to dispose of the writ
petition with a liberty to agitate the matter before the Civil
Court.
In the considered opinion of this court, title disputes
cannot be decided in a writ petition. Therefore, the present
writ appeal is also dismissed with a liberty to approach the
Civil Court.
2
Pending miscellaneous applications, if any, shall stand
closed.
___________________________
SATISH CHANDRA SHARMA, CJ
_____________________
K. LAKSHMAN, J
26.11.2021
JSU
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