Mr. Abdul Ghani, vs The State Of Telangana,
2023 Latest Caselaw 3014 Tel

     THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE

                             AND

     THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR

               WRIT APPEAL No.981 of 2023

JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)

       Mr. Syed Lateef, learned counsel for the appellant.

       Mr. T. Srikanth Reddy, learned Government Pleader

for Stamps and Registration, for respondent Nos.1 and 2.

Mr. M.A.K. Mukheed, learned counsel for respondent

Nos.3 and 4.

2. In this intra court appeal, the appellant has assailed

the validity of order dated 09.02.2023 passed by the

learned Single Judge by which W.P.No.18899 of 2022

preferred by him has been dismissed.

3. The facts giving rise to filing of this appeal briefly

stated are that the appellant has entered into an

agreement in respect of land admeasuring Acs.8.00 in

Sy.No.276/LU situated at Zaheerabad Village, Sanga

Reddy District (hereinafter referred to as "the subject ::2::

land"). Respondent No.2 has registered the sale deed dated

18.02.2022 in respect of the subject land. Thereupon, the

appellant filed the writ petition under which a declaration

was sought that the action of registering the sale deed

dated 18.02.2022 is without any authority of law as the

subject land is not an agricultural land. The writ petition

preferred by the appellant has been dismissed by the

learned Single Judge inter alia on the ground that the

appellant has no right in respect of the subject land.

4. Learned counsel for the appellant submits that the

learned Single Judge ought to have appreciated that the

subject land was not an agricultural land and therefore,

respondent No.2 has no authority to execute the sale deed.

5. Be that as it may, the appellant claims title in respect

of the subject land on the strength of an agreement. It is

not in dispute that the appellant has filed a civil suit

seeking relief of permanent injunction. Therefore, it is

open for the appellant to seek declaration that the

aforesaid sale deed is illegal in the civil suit instituted by

him. Therefore, the learned Single Judge has rightly ::3::

declined to entertain the writ petition preferred by the

appellant.

6. In the result, we do not find any merit in this appeal,

the same fails and is hereby dismissed. There shall be no

order as to costs.

Miscellaneous applications pending, if any, shall

stand closed.

_______________________________ ALOK ARADHE, CJ

_______________________________ N.V.SHRAVAN KUMAR, J

Date: 09.10.2023 ES