Sri.M. Prakash v. State Of Telangana

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 1144 of 2020 ORDER:

This writ petition is filed challenging the action of the 2nd respondent in entertaining the document vide Sale Deed Document No.13252, dt.Nil.12.2019, submitted by Respondent No.3 in respect of land admeasuring 240 Sq.Yards in Sy.No.142/A of Attapur Village, Rajendranagar Mandal, Ranga Reddy District, executed by respondents 4 to 8 in favour of respondent No.3; and for a consequential direction to the 2nd respondent not to register the aforesaid Sale Deed presented by the 3rd respondent. Learned Counsel for the petitioner submits that petitioner and unofficial respondents constitute joint family; and that the said joint family owns some properties. While so, without knowledge of the petitioner, the unofficial respondents are trying to alienate the said property and the 2nd respondent is trying to register the same.

On the other hand learned Assistant Government Pleader for Revenue submits that it is purely civil dispute between the petitioner and unofficial respondents; and that the Sub-Registrar cannot decide the title of the parties. He also submits that the petitioner has alternate remedy by approaching the Civil Court.

In this case it is to be seen that as per averments made by petitioner, the unofficial respondents and petitioner are the members of Joint Family and they own certain properties. The assertions in the

writ petition go to show that they have some disputes in between them with regard to the said properties. But, this Court cannot decide the title of the parties in the writ petition. If the petitioner is aggrieved by any action of the unofficial respondents or any attempt made by them, he has remedy of approaching the Civil Court. In view of the same, I do not see any reason to entertain the writ petition.

Accordingly the writ petition is disposed of keeping it open to the petitioner to avail remedy as may be available to him under law. No order as to costs.

As a sequel to the disposal of this petition, miscellaneous applications, if any, pending shall stand closed. ___________________________ A.RAJASHEKER REDDY, J 21.01.2020 tk

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY Writ Petition No. 1144 of 2020 Dt.21.01.2020 tk