Telangana High Court
B. Ashanna vs The State Of Telangana And 7 Others on 19 May, 2022
Bench: A.Abhishek Reddy
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
WRIT PETITION No.23838 of 2022
ORDER:
The present writ petition has been filed seeking a
direction to the respondent authorities not to survey the subject
land and not to interfere with the possession and enjoyment of
the petitioner's subject land.
Heard the learned counsel for the petitioner and the
learned Government Pleader for Revenue.
A perusal of the documents filed by the petitioner shows
that in respect of the very same subject property, a suit has
been filed in O.S.No.102 of 1996 on the file of the learned Senior
Civil Judge, Mahabubnagar, and the same has been decreed.
Thereafter, the plaintiffs therein have filed an application i.e.,
I.A.No.561 of 2017 in O.S.No.102 of 1996 for appointment of an
Advocate Commissioner and the same was allowed.
Learned counsel for the petitioner has stated that the
petitioner is not a party respondent to the said suit and
therefore, the said judgment and decree is not binding and the
Advocate Commissioner, with the help of revenue officials, is
trying to conduct survey and take possession of the subject
property. Learned counsel has further stated that even though
the petitioner has filed an implead application before the trial
Court for his impleadment in the said suit, the same has not
been taken up for hearing and prays this Court to protect his
possession till the implead application is decided on merits.
Even though the petitioner has filed the present writ
petition claiming that he is the owner and possessor of
agricultural land admeasuring Acs.8.14 guntas in Survey
No.178 situated at Urakonda Village, the petitioner has not filed
any revenue record like e-pattadar pass books or pahanies to
show that he is in possession of the subject land, except filing a
copy of the land details search made in the website of Dharani
portal in respect of land in Survey No.178/aa/1 for an extent of
only 0.06 guntas.
In case the petitioner has any grievance, his remedy is to
file an appeal against the judgment and decree dated
10.04.2006 passed in O.S.No.102 of 1996, or in case he is
aggrieved that his implead application has not been decided by
the trial Court, he has to necessarily file a Civil Revision Petition
before this Court either against the non-passing of any order in
the implead petition or against the order of appointment of an
Advocate Commissioner. But, he cannot agitate his rights in
the present writ petition, more so, when he has not filed a scrap
of paper to show that he is in possession and enjoyment of the
subject land.
This Court does not find any merit in the present writ
petition which warrants any interference by this Court and the
same is accordingly dismissed granting liberty to the petitioner
to avail his remedies as per law before the appropriate forum.
The miscellaneous applications pending, if any, shall
stand closed. There shall be no order as to costs.
______________________________________
A.ABHISHEK REDDY, J
19.05.2022
vs
