Chitkoori Komuraiah v. The State Of Telangana And 2 Others
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) IVONDAY, THE TWENTY EIGHTH DAY OF SEPTEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON,BLE DT, JUSTICE SH,AMEEM AKTHER WRIT PETITION No. 16067 OF 2020 Between:
Chitkoori Komuraiah, Sio. Late Rajaiah, Aged. 52 yrs., Occ. Agriculture, R/o. Ganneruvaram Village and IVlandal, Karimnagar District. ,.PETITIONER AND The State of Telangana, Rep. by its Principal Secretary, Department of Stamps and Registration, Secretariat Building, Hyderabad. The Sub-Registrar, Office of Thimmapur, Karimnagar District The Tahasildar, Ganneruvaram lt/andal, Karimnagar District. RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of a Writ of It4andamus declaring the action of the Respondents Nos. 2 and 3 in trying to register the Petitioner's agriculture land an admeasuring of Ac.4-39 Gts, in Sy No.
327lA, situated at Ganneruvaram Village and [t4andal, Krimnagar District as illegal, arbitrary, unconstitutional, colorable exercise of power, and in violation of Articles 14, 19,21 and 300-4 of the Constitution of lndia. lA NO:'f OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No. 2 and 3, not to register the Petitioner's agriculture land admeasuring Ac.4-39 Gts, land in Sy No.327lA, situated at Ganneruvaram Village and l\,4andal, Karimnagar District, disposal pending of the Writ Petition.
THE HON,BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION No.16067 of 2Q2O
ORDER
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein the following prayer is made: "...to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondents Nos,2 and 3 are trying to register the Petitioners agriculture land admeasuring of Ac.4-39 Gts in Sy.No.327lA situated at Ganneruvaram Village and Mandal, Karimnagar District, as illegal, arbitrary, unconstitutional, colorable exercise of power and in violation of Article 14, 19r 21 and 3O0A of the constitution of India and pass such other o rd e rs.,. "
2, Heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for the respondents and perused the record.
3."
Learned counsel for the petitioner would submit that the petitloner is the owner and possessor of agricultural land admeasuring Ac.4-39gts in Sy.No.327lA situated at Ganneruvaram Village and Mandal, Karimnagar District. It is further submitted that one of the petitioner's villager by name Sri Juvvadi Man Mohan Rao, S/o. Damodar Rao, who belongs to higher caste, is trying to encroach the petitioner's land and make constructions. The petitioner filed a Civil Suit i.e, O.S,No.92 of 2018 before the Junior Civil Judge's Court at Husnabad and the same is pending for adjudication. The petitioner also filed Appeal No.130/2018 before the Revenue Divisional Officer, Karimnagar and the same is pending. Further, the petitioner also filed a petition before the Telangana State Commission for SCs & STs, Hyderabad, against the luvvadi Man N4ohan Rao and others and the same is also pending for adjudication, At present, the said J,N4an f4ohan Rac is encouraging some people to sell the petitioner's land at
cheaper rate. It is contended that in the event of presenting any document for registration in respect of subject land by any of the persons/ the petitioner wanted this Court to direct the respondents not to register those documents and ultimately prayed to allow the writ petition as sought for, 4.
On the other hand, learned Assistant Government Pleader for Revenue would submit that the petitioner has not filed any document to establish his title and possession over the subject land. It is further submitted that factual matrix are involved in this case and the same cannot be adverted to in this petition filed under Article 226 of the Constitution of India ancj ultimately prayed to dismiss the writ petit io n .
5.
The petitioner is claiming ownership and possession over the agricultural land admeasuring Ac.4-39gts tn Sy.No.327lA situated at Ganneruvaram Village and Mandal, Karimnagar District and apprehending alienation by Juvvadi l4an Mohan Rao and some of his associates. It is appropriate to state that the questions with regard to title, possession and enjoyment of the petitioner over the land in question are in the dominion of Civil Court, where documents are required to be examined and evidence is required to be recorded. Thereafter a finding is required to be given whether the petitioner is having title over the land in question. These aspects cannot be adverted tolanswered by this Court exercising the power of judicial review under Article 226 of the Constitution of India. It is settled law that if, in a petition filed under Article 226 of the Constitution of India, complicated questions of fact which require a regular and Fullfledged trial are involved, it is but prudent that the Court should
refrain itself from entertaining such petition and relegate the party to the normal remedy to obtain redress in a suit. In the given circumstances of the instant case, the petitioner is not entitled for the relief sought by him in this Writ Petition. However, the petitioner is granted liberty to work out the remedies available to him under law before the competent civil Court.
6.
With the above observations, this writ petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed. SD/.K.AMMAJI ASSISTANT REGTSTRAR //TRUE COPY/i SECTION OFFICER To,
1. The Princioal Secretary, Department of Stamps and Registration' State of Telangana, S6cretariat Building, Hyderabad' 2, The Sub-Registrar, Office of Thimmapur, Karimnagar District
3. The Tahasildar, Ganneruvaram Mandal' Karimnagar District'
4. One CC to Sri. Venkateshwarlu Dasari, Advocate [OPUC]
5. Two CCs to GP for Revenue, High Court for the State of Telangana [OUT]
6. Two CD CoPies Prk \*--
( HIGH COURT DATED:28/09/2020
ORDER
14:
I s e WP.No.16067 ol 2020 s z J o 12 oCT 2020 i"
a.'
* cO .s t oE :r Disposing of the WP.
without costs.
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