T.Lingam Goud v. The State Of Telangana,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.23599 OF 2016 ORDER:

This Writ Petition is filed to declare the action of the 3rd respondent in entertaining the document for registration proposed to be presented by the 4th respondent, as arbitrary and illegal.

The case of the petitioner is that the property, admeasuring 252 Square Yards situated in Prashanth Nagar, Musarambagh, behind RTO office, Hyderabad, is originally gifted by the parents of the 4th respondent under Sthreedhanam, in which he constructed a hospital by obtaining mortgage loan from HDFC Bank and repaid the entire amount. Since the brother of the 4th respondent, who is doing real estate business, is trying to sell away the subject property, he made the application dated 14.07.2016 to the 3rd respondent to stop registration.

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue(Telangana).

The learned Government Pleader for Revenue submits that the application submitted by the petitioner was rejected by the 3rd respondent, vide proceedings dated 15.07.2015 as it is purely a civil dispute between the petitioner and the 4th respondent. Hence, no writ can be entertained.

The averments contained in the affidavit filed in support of the writ petition are vague in nature. The petitioner has not even challenged the proceedings dated 15.07.2016 issued by the 3rd respondent. More so, since the dispute between the petitioner and the 4th respondent is civil in nature, this Court cannot deal with the aspect of title and grant injunction.

In view of the same, I do not see any grounds to entertain the writ petition.

Accordingly, this writ petition is dismissed. However, the petitioner is at liberty to approach the appropriate forum. No costs.

As a sequel, the miscellaneous petitions, if any, pending shall stand closed.

____________________ A.RAJASHEKER REDDY,J Date: 28-07-2016 pab