The Division Bench dismissed the appeal against a single judge's order in a writ petition seeking cancellation of sale deeds. The Court held the writ petition was misconceived and the relief sought only lay within the domain of civil courts.
Writ appeal dismissed; miscellaneous petitions closed; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE SRI N.V. RAMANA and
THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
Writ Appeal No. 1125 of 2012
DATED: ..07..2013
Between:
Movva Ramakrishna … Appellant And
The Commissioner and Inspector General of Stamps & Registration, A.P., Hyderabad & Others.
… Respondents
THE HON’BLE SRI JUSTICE SRI N.V. RAMANA and
THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
Writ Appeal No. 1125 of 2012
JUDGMENT: (Per the Hon’ble Sri Justice Sri N.V. Ramana)
The unsuccessful writ petitioner filed this appeal against the orders of the learned single Judge in W.P.No.18861 of 2012, dated 26.06.2012. The said writ petition was filed seeking a writ of mandamus declaring the
action of the respondents in getting the sale deeds registered as illegal, arbitrary, coercive and consequently cancel the sale deeds vide Document Nos.11432/07, 11433/07 & 13027/07, dated 31stg July, 2007.
2. The learned single Judge dismissed the above writ petition keeping in view the prayer made by the writ petitioner, by giving liberty to him to work out his remedies in accordance with law in a civil Court.
3. The Senior Counsel appearing for the appellant brought to our notice the complaint filed by the petitioner before the 10th Respondent and contended that when the petitioner was under arrest on 07.08.2007 to 08.07.2007, the impugned sale deed were executed on 07.08.2007. The learned senior counsel also pointed out that the petitioner has complained of illegal confinement and the fraudulent execution of the sale deeds and the act of land grabbing of Respondents 6 to 8 with the alleged connivance of the Respondents 2 to 5. The learned senior counsel therefore submits that the sale deeds, on the face of it, being fraudulent, the remedy before this Court is sustainable.
4. We are unable to accept the said contention as the writ petitioner himself states in Para-2 of his affidavit that for the relief relating to the cancellation of sale deeds sought for by him, a remedy is available before the civil Court, but, as it involves huge Court fee and the trial lasting several years, the petitioner has approached this Court under Art.226 of the Constitution of India. We are, therefore, of the opinion that the relief sought for in the writ petition is completely misconceived. Apart from that, the allegations of the petitioner involves several disputed questions of facts. The learned single Judge, therefore, was right in directing the petitioner to work out his remedies in a civil Court, where the petitioner is free to agitate all his contentions on facts and seek appropriate relief. We, therefore, do not find any error in the order of the learned single Judge declining to entertain the writ petition, as the relief sought for against the 10th Respondent is clearly misconceived, as the jurisdiction
of the CBI can be invoked only in terms of Delhi Special Police Establishment Act and it is not as if that the CBI functions as Police Station where any private party can file his complaint and seek investigation by the CBI. The writ petition, being thoroughly misconceived, was rightly dismissed by the learned single Judge. We do not see any reason to take a different view in this appeal.
5. Therefore, the writ appeal is dismissed. As a sequel, the miscellaneous petitions, if any pending, shall stand closed accordingly. No costs.
________________ N.V. RAMANA, J
_______________________
J Dt. ..07.2013 Kv
THE HON’BLE SRI JUSTICE SRI N.V. RAMANA and
THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
Writ Appeal No. 1125 of 2012 (Judgment of the Division Bench delivered by the Hon’ble Sri Justice Sri N.V. Ramana)
..07..2013
Kv
2 issues framed by the court
Whether the writ court has jurisdiction to cancel sale deeds fraudulent in origin.
Whether the remedy for cancellation of sale deeds lies within the domain of civil courts.
Movva Ramakrishna
The Commissioner and Inspector General of Stamps & Registration, A.P., Hyderabad
N.V. Ramana
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
