M. Bikshapathi vs The State Of Telangana
2022 Latest Caselaw 516 Tel

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

                        WRIT APPEAL No.569 OF 2020

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

        The present writ appeal is arising out of the order dated

28.09.2020 passed by the learned Single Judge in W.P.No.16728 of

2020.

        Notices have been served to the respondents. However, there

is no appearance on their behalf.

The undisputed facts of the case reveal that the writ petition

was filed seeking a writ of mandamus declaring the action of the

Gram Panchayat, Abdullapurmet Village and Mandal, Ranga Reddy

District, in not considering the complaint dated 18.06.2020 of the

petitioner and for restraining respondent No.4 from constructing

over plot No.8 in Survey No.251, admeasuring 210 square yards

situated at Abdullapurmet Village and Mandal, Ranga Reddy

District. It was also stated in the writ petition that earlier also a

writ petition was preferred i.e., W.P.No.8652 of 2009 and an order

of status quo was granted on 27.04.2009.

The learned Single Judge, as the petitioner was claiming title

over the property and as the private respondent was allegedly

constructing over the land in which the petitioner was claiming

interest, has held that the disputed questions of facts cannot be

decided in a writ petition and has directed the parties to seek

appropriate relief from the civil court.

Another important aspect of the case is that earlier also a

writ petition was filed by the petitioner i.e., W.P.No.10358 of 2018

and the same was disposed of on 12.04.2018.

In the considered opinion of this Court, once the

appellant/writ petitioner is claiming title over the subject property

and he has alleged that the private respondent is encroaching

upon his property by raising illegal construction, remedy certainly

lies before the civil court, where all disputed questions can be

resolved after taking into account the evidence adduced by the

parties. This Court does not find any reason to interfere with the

order passed by the learned Single Judge.

Resultantly, the writ appeal stands dismissed.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J

09.02.2022 JSU