Chintha Lakshmi Narasaiah vs The Telangana State Road ...
2023 Latest Caselaw 1812 Tel

      THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                    AND
             THE HON'BLE SRI JUSTICE N.TUKARAMJI
              W.A.No.482 of 2023 and W.P.No.9628 of 2022
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)

       Heard Mr. B.Mayur Reddy, learned Senior Counsel for

the appellant; Mr. N.Sridhar Reddy, learned counsel for

respondents No.1, 2 and 3/writ petitioners; Mr. A.Srinivas

Reddy, learned Standing Counsel for Telangana State Road

Transport Corporation (TSRTC) for respondents No.4 and 5;

and Mr. T.Srikanth Reddy, learned Government Pleader for

Revenue for respondent No.6.

2. This appeal has been preferred against the order

dated 23.02.2023, passed by the learned Single Judge in

W.P.No.9628 of 2022 filed by respondents No.1 to 3 in the

appeal.

3. While this Court was ordering notice to the

respondents, learned Senior Counsel for the appellant prayed

for stay, which was opposed by learned counsel for ::2::

respondents No.1, 2 and 3 on the ground that it was

respondents No.1 to 3, who had donated Ac.0.10 guntas of

land to TSRTC; TSRTC, it appears, has allowed the appellant

to construct a petrol bunk over the said land, which has

intruded into the land of respondents No.1, 2 and 3; therefore,

respondents No.1, 2 and 3 were compelled to approach this

Court.

4. Learned counsel for respondents No.1, 2 and 3 has

referred to the initial order of the learned Single Judge

dated 24.02.2022 whereby Tahsildar was directed to conduct a

survey and thereafter submit report; further directing that till

submission of report, respondents should not carry out any

civil work in the subject land. Learned counsel submits that

the said order has remained unchallenged; impugned order of

the learned Single Judge dated 23.02.2023 is only a

consequential order directing Assistant Director of Survey and

Land Records to redo the exercise; and no case for stay is

made out.

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5. Submissions made by learned counsel for the parties

have received the due consideration of the Court.

6. Respondents No.1, 2 and 3 as the writ petitioners have

filed the related writ petition praying for the following relief:

"Issue a writ of mandamus or any other appropriate writ or writs, order or direction declaring the action of 2nd respondent in interfering with the lawful possession and enjoyment of petitioners over their respective extents of land i.e., Ac.0.09 guntas in Survey No.1303/A/1 belonging to first petitioner and Ac.0.08 guntas of land in Survey No.1303/AA/1 belonging to second and third petitioners situated at Dubbak Village and Mandal, Siddipet District as otherwise than in due process of law and in seeking to dispossess them therefrom, as wholly illegal, arbitrary and without jurisdiction and to consequently direct the respondents to forthwith restrain themselves from interfering with the possession and enjoyment of the petitioners over the above land and not to dispossess them as otherwise than in due process of law.

Direct the 3rd respondent to forthwith consider the request of the petitioner dated 09.08.2021 and ::4::

conduct survey of the land admeasuring Ac.0.17 guntas in Survey No.1303/A/1 and 1303/AA/1 of Dubbak Village and Mandal, Siddipet District. Interim directions to the respondents not to interfere with the possession and enjoyment of the petitioners over their respective extents of land i.e., Ac.09 guntas in Survey No.1303/A/1 belonging to first petitioner and Ac.0.08 guntas of land in Survey No.1303/AA/1 belonging to second and third petitioners, situated at Dubbak Village and Mandal, Siddipet District, and make any constructions, in the above survey numbers, pending survey to be conducted by the 3rd respondent and disposal of the writ petition.

Award costs and pass such other or further orders as are deemed fit and proper in the circumstances of the case.

7. From a perusal of the above, it is seen that respondents

No.1, 2 and 3 have sought for a declaration that interference

by TSRTC with the lawful possession and enjoyment of their

land i.e., land admeasuring Ac.0.09 guntas in Survey

No.1303/A/1 and land admeasuring Ac.0.08 guntas in Survey

No.1303/AA/1 situated at Dubbaka Village and Mandal in

Siddipet District (subject land) is illegal and further sought for ::5::

a direction to the respondents in the related writ petition not

to interfere with the possession and enjoyment of respondents

No.1, 2 and 3 over the subject land and also not to dispossess

them from the subject land.

8. Hence, it is evident that there is a private dispute

between respondents No.1, 2 and 3 on the one hand and

TSRTC on the other hand. It is a settled proposition of law

that a proceeding under Article 226 of the Constitution of

India is not the appropriate forum for adjudication of private

individual dispute sans any element of public interest. It is

also trite law that the forum of writ remedy is meant for

enforcement of one's right and not for establishment of one's

right. For establishment of one's right, appropriate forum is

the civil court of competent jurisdiction. The proceedings and

the orders passed in W.P.No.9628 of 2022, in our view,

transgress the jurisdiction of a writ court by entertaining a

private dispute between the parties.

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9. In view of the above, we are inclined to grant stay of all

further proceedings in W.P.No.9628 of 2022 including the

impugned order dated 23.02.2023 passed therein.

10. At this stage, Mr. N.Sridhar Reddy, learned counsel for

respondents No.1 to 3 submits that he may be permitted to

withdraw the writ petition with liberty to avail his remedy

before the appropriate civil court.

11. That being the position, we allow withdrawal of

W.P.No.9628 of 2022.

12. W.P.No.9628 of 2022 is accordingly dismissed on

withdrawal with liberty to respondents No.1, 2 and 3 to

approach the competent civil court for redressal of their

grievance.

13. Consequently, W.A.No.480 of 2022 is disposed of as

infructuous. No costs.

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As a sequel, miscellaneous petitions, pending if any,

stand closed.

__________________ UJJAL BHUYAN, CJ

_______________ N.TUKARAMJI, J Date: 26.04.2023 LUR