A. Narasimha Reddy vs The District Collector ...
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  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                             AND
     THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                               W.A.No.149 of 2019

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



     The present writ appeal is arising out of an order dated

21.12.2018

passed by the learned Single Judge dismissing

W.P.No.10725 of 2011.

The undisputed facts of the case reveal that the

appellants/writ petitioners were claiming ownership over the

property, admeasuring Ac.0.12 guntas, bearing Plot No.1 in

Survey No.369/1&2 situated at Nagarkurnool Town,

Mahaboobnagar District. It was stated that the police was

trying to take possession of the property of the

appellants/writ petitioners. The learned Single Judge has

dismissed the writ petition, as disputed questions of fact were

involved.

In the considered opinion of this Court, in case the

appellants/writ petitioners are the owners of the subject

property, they are claiming title and they are being

dispossessed, the remedy lies somewhere else but not before

this Court. The appellants/writ petitioners shall certainly be

free to file a civil suit along with an application for grant of

injunction and all the facts can be looked into by the trial

Court, after evidence is adduced by the parties. This Court

does not find any reason to interfere with the order passed by

the learned Single Judge.

The writ appeal stands disposed of with the aforesaid

liberty.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J

07.01.2022 JSU