The High Court dismissed the writ appeal, observing that title cannot be declared via writ jurisdiction unless a final judgment and decree in favor of the appellant exist in a civil suit. The petition was originally dismissed directing civil remedies.
Writ appeal disposed of; miscellaneous applications closed; no order as to costs.
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.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THURSDAY,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE THE CHIEF JUSTICE SATTSH CHANDRA SHARMA AND
THE HONOURABLE SRI JUSTICE ABHINANDKUMAR SHAVILI
WRIT APPEAL NO: 149 OF 2022
Writ Appeal under Clause"15 of the Letters Patent Appealpreferred against the Order dated 0911112021in W.P.No.330 of 2021 ,on the file of the High Court
Between:
K. Bhagavan Raju, S/o K.V.SomaRa.iu, Aged about 52 years, Occ. Business, R/o PIot Nos.80-and 81, Laxminarsimha Colony,Old Bowenpally, Secunderabad - 500 011.
...AppellanUPetitioner
AND
.Respondents/Respondents
lA NO: 2 OF 2022
under Section 151 CPCprayingthat in the circumstancesstatedin the affidavit filed in supportof the petition,the High Court maybe pleasedto suspend the orders Dated19/08/2020 in ProceedingsNo.MUT/071161006921 2020 -Petitlon coupled with PattadarPass Book in respectof Subject Propertyissued by the Respondent No.4 in favour ofRespondentNo.5 pendingdisposal of above O.S.No.376 of 2021.
Counsel for the Appellant:SRl. G RAJESHWAR REDDY
Counsel for the RespondentNos.1to 4: GP FOR REVENUE
Counsel for the RespondentNo.5: SRI RAJAGOPALLAVANTAYI
The Court delivered thefollowing: JUDGMENT
\ \
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SIIAVILI
WRIT APPEAL No. 149 of 2022
JUDGMENT: (Per the Hon'ble the CttieJ Justice Satish Clntdra SharnLo')
The present writ appeal is arising out of an order dated 09.11.2021 passed by the learned Single Judge in W.P.No.330 of 2021.
The facts of the case reveal that the writ petition was preferred by the appellant/writ petitioner being aggrieved by the order dated 19.O8.2O2O passed by the Tahsildar, Tandur Mandal, Vikarabad District, mutating the name of the respondent No.s in the revenue records in respect of the subject land admeasuring Acs.13.21 guntas in Survey No.52, situated at Sankireddypally Village, Tandur Manda,l, Vikarabad District. The facts further reveal that the land was in the name of the original pattadar, late Ramachandra Reddy, and an application was made by the legal heirs of late Ramachandra Reddy for mutation. The appellant's/writ petitioner's contention is that on account of an agreement of sa1e, he is claiming title and he has liled a suit for declaration and consequential relief.
1
In the considered opinion of this Court, unless and until there is a judgment and decree in favour of the appellant/writ petitioner, he cannot be declared as a titleholder in exercise of writ jurisdiction under Article 226 of the Constitution of India. The learned Single Judge has dismissed the writ petition with a tiberty to the appellant/writ petitioner to avail the remedies before the competent civil Court.
This Court also does not find any reason to interfere with the order passed by the learned Single Judge. it is made clear that the observations made by the learned Single Judge as weil as by this Court will not come in the way of the parties so far as the civii suit is concerned.
The writ appea,l is accordingly disposed of.
The miscellaneous applications pending, if any, shall
stand closed. There shall be no order as to costs.
SD/.M.VIJAYA BHASKAR DEPUTY REGISTRAR ' ,TRUE COPY// / Lg--- SECTION OFFICER
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HIGHCOURT
DATED:1010312022
JUDGMENT
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W.A.No.149of 2022
DISPOSING OFTHE WRIT APPEAL WITHOUT COSTS
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1 issue framed by the court
Whether the High Court can declare the appellant as a titleholder in revenue records before a final decree in a civil suit.
K. Bhagavan Raju
The State of Telangana
The District Collector, Vikarabad
The Revenue Divisional Officer, Tandur
The Tahsildar, Tandur Mandal
S. Indira Devi
Satish Chandra Sharma
Abhinand Kumar Shavili
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
