Mr. D.E Nagraj And Another vs The State Of Telangana And 5 Others
2022 Latest Caselaw 2002 Tel

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                  AND
    THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI



                WRIT APPEAL No.289 of 2022


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



     The present writ appeal is arising out of order dated

24.03.2022 passed in W.P.No.14567 of 2022.

     The facts of the case reveal that the present

appellants, who are also writ petitioners, came up before

the learned Single Judge claiming themselves to be

absolute owners and possessors of land admeasuring

Ac.1.04 guntas in Survey No.106 and Ac.0.34 guntas in

Survey    No.107,    situated       at    Kothapet        Village,       Uppal

Mandal, Ranga Reddy District. It was contended before the

learned Single Judge that the land was purchased by them

on 05.03.2007.       However, respondent No.6 came to the

subject property on 13.08.2021 and damaged the

compound wall. A crime has been registered as Crime

No.477 of 2021 under Sections 448, 427 and 506 of IPC. It

was also stated before the learned Single Judge that a civil

suit has also been filed in the matter i.e., O.S.No.1149 of

2021. Before the learned Single Judge, the writ petitioners

submitted that a building permission was granted on

03.03.2022 by respondent Nos.2 to 4-Greater Hyderabad

Municipal Corporation (GHMC) and the building

permission was under challenge. The learned Single Judge

has dismissed the writ petition with a liberty to the writ

petitioners to seek appropriate remedy before the civil

Court.

The facts of the case further reveal that respondent

No.6 has purchased the property through a registered sale

deed and based upon the registered sale deed, the GHMC

has granted building permission. Respondent No.6 has

also filed a civil suit against the present writ petitioners,

meaning thereby, both the parties have filed civil suits

against each other.

In the considered opinion of this Court, as both the

parties are disputing their respective title, the learned

Single Judge was certainly justified in permitting the writ

petitioners to settle their dispute before the civil Court,

especially in the light of the fact that two civil suits are

already pending between the parties. This Court does not

find any reason to interfere with the order passed by the

learned Single Judge. The admission is declined.

The Writ Appeal is accordingly dismissed.

The miscellaneous applications pending, if any, shall

stand closed. There shall be no order as to costs.

______________________________________ SATISH CHANDRA SHARMA, CJ

______________________________________ ABHINAND KUMAR SHAVILI, J

19.04.2022 KL