Telangana High Court
Uppala Lakshmi vs Uppala Krishna Murthy on 31 October, 2023
Bench: Alok Aradhe, N.V.Shravan Kumar
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.1028 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. M.V.Praveen Kumar, learned counsel for the
appellant.
Mr. Mummaneni Srinivasa Rao, learned counsel for
respondent No.1.
Mr. T.Srikanth Reddy, learned Government Pleader
for Revenue for respondents No.2 to 5.
2. With the consent of the parties, the writ appeal is
heard finally.
3. This intra court appeal has been filed against the
order dated 16.08.2023 passed by the learned Single Judge
by which the writ petition preferred by respondent No.1,
namely W.P.No.12521 of 2020, has been allowed and the
action of the District Collector, Mulug District, in
entertaining the complaint filed by the appellant has been
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held to be illegal. Respondents No.3 to 5 herein have been
directed not to interfere with the peaceful possession and
enjoyment of respondent No.1 over the land in Survey
No.34/1 measuring Ac.1.62½ cents situated at
Venkatapuram Village and Mandal, Mulug District, without
due process of law.
4. Facts
giving rise to filing of this writ appeal briefly
stated are that there is a dispute with regard to title of the
subject land between respondent No.1 and the appellant.
It is also not in dispute that the appellant had filed
O.S.No.97 of 2017 seeking the relief of permanent
injunction. In the said suit, an application for temporary
injunction was also filed, which was rejected by the trial
Court by an order dated 08.11.2017. It is also not in
dispute that the appellant did not challenge the aforesaid
order and the order rejecting the application for grant of
injunction has attained finality. Thereafter, it appears that
on the basis of the complaint made by the appellant, a
criminal case for the offence under Sections 447 and 324 of
IPC has been registered against respondent No.1.
Thereafter, the appellant submitted a complaint to the
District Collector, Mulug, on 13.07.2020 in which it was
stated that respondent No.1 along with his followers is
threatening to dispossess the appellant from the land in
question. Thereupon, respondent No.1 filed the writ
petition before this Court. The learned Single Judge
allowed the writ petition and the action of the District
Collector, Mulug District, in entertaining the complaint
filed by the appellant has been held to be illegal.
5. In the aforesaid factual background, this writ appeal
has been filed.
6. Learned counsel for the appellant submitted that no
orders have been passed on the complaint submitted by
the appellant to the District Collector, Mulug, and therefore
no cause of action has accrued to respondent No.1 to
approach the learned Single Judge by filing the writ
petition.
7. On the other hand, learned counsel for respondent
No.1 has supported the order passed by the learned Single
Judge.
8. We have considered the submissions made on both
sides.
9. In the instant case, the appellant filed a complaint
on 13.07.2020 to the District Collector, Mulug. Admittedly,
on the aforesaid complaint, no orders have been passed.
10. Therefore, in the facts and circumstances of the case,
the order dated 16.08.2023 passed by the learned Single
Judge is modified and it is directed that the District
Collector, Mulug, shall hear the appellant as well as
respondent No.1 before passing any order on the complaint
dated 13.07.2020, which has been filed by the appellant.
11. To the aforesaid extent, the order passed by the
learned Single Judge is modified and the writ appeal is
disposed of.
Miscellaneous applications pending, if any, shall
stand closed. However, there shall be no order as to costs.
______________________________________
ALOK ARADHE, CJ
______________________________________
N.V.SHRAVAN KUMAR, J
31.10.2023
vs
