B.V. Satyanarayana Raju, W.G. ... vs The Jt. Collector, R.R. Dist. 2 ...
2022 Latest Caselaw 33 Tel

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


                 WRIT APPEAL No.1072 of 2008

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




      The present writ appeal is arising out of order dated

28.08.2007 passed in W.P.No.18186 of 2007 by the learned

Single Judge.

      The undisputed facts of the case reveal that the

appellants have purchased the property through registered

sale deed dated 22.05.2006 and their allegation is that

respondent No.3 in the writ petition is denying their title and

is making an attempt to take possession of the property and

in those circumstances, the appellants/writ petitioners filed

an application for correction of revenue entries for the year

2007.

The learned Single Judge has disposed of the writ

petition with a liberty to the writ petitioners to file a civil suit

in case they are claiming title or in case their possession is

being interrupted.

In the considered opinion of this Court, the disputed

questions of fact can be looked into in a civil suit and

therefore, this Court does not find any reason to interfere

with the order passed by the learned Single Judge.

Accordingly, the writ appeal is dismissed with liberty to

the appellants/writ petitioners to file a civil suit, wherein all

disputed questions of facts can be looked into and the title

dispute can also be decided based upon the evidence adduced

by the parties.

Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ ABHINAND KUMAR SHAVILI, J 03.01.2022 ES