K. Khasim v. The District Collector,

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 13807 of 2012 ORDER:

Heard learned counsel for the petitioner, Government Pleader for Revenue, Government Pleader for Home and Sri N.Chandra Sekhar Reddy, learned counsel appearing for respondent Nos.5 to 7. With the consent of all the parties, the main writ petition is heard at the admission stage itself. The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of the respondents in not disposing of the representation dated 30.04.2012 as illegal, arbitrary and violative of principles of natural justice; and consequently direct respondent No.3 not to allow the registration pertaining to H.No.4/22 admeasuring Ac.4.00 cents, situated at Kamsla Street, Vajrakarur Village, R.D.Tapur, SRD Uravakonda by considering his representation dated 30.04.2012.

Though various grounds are raised in the writ petition, the counsel for the petitioner submits that the representation dated 30.04.2012 made to the Collector to direct the Sub-Registrar not to register the house and also register a case against respondent Nos.5 and 6 for cheating may be directed to be considered at the earliest.

A perusal of the representation made to the Collector would show that there were some disputes between the petitioner and respondent Nos.5 to 7 with regard to a house property situated at Kamsla Street, Vajrakar Village. This being a private dispute between the parties, the Collector has no power or authority to

direct the Sub-Registrar not to register the property. In fact, the writ petition is filed in the year 2012 and no interim order was passed at the time of issuing the notice. If at all the petitioner wants to prevent registration of the property the remedy lie elsewhere but definitely invoking writ jurisdiction under Article 226 of the Constitution of India. Similarly, if the petitioner is really aggrieved by the action of respondent Nos.5 and 6 in cheating him, he can avail the remedy of filing a private complaint or lodge a report before the police to set the criminal law into motion, if it is otherwise permissible. Definitely this Court sitting under Article 226 of Constitution of India cannot grant the relief as sought for by the petitioner.

Accordingly, the writ petition is dismissed, leaving it open to the petitioner to avail the remedies available under law. No order as to costs.

Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 15.09.2015 gkv