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HIGH COURT OF TELANGANA
K.LAKSHMAN
Sandhya Hotels Private Limited Formerly known as Sandhya Constructions and Estates PrivateLimited – Appellant
Versus
State of Telangana – Respondent
ORDER :
K. LAKSHMAN, J.
Heard Mr. M.S. Prasad, learned Senior Counsel representing Ms. A. Satyasiri, learned counsel for the petitioner, learned Assistant Government Pleader for MA & UD appearing on behalf of respondent No.1 and Mr. V. Narasimha Goud, learned Standing Counsel for HMDA appearing on behalf of respondent No.2.
2. W.P. No.36646 of 2024 is filed by Mr. S. Muralidhar, Managing Director of M/s. Sandhya Hotels Private Limited, seeking,
“….to issue a Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus, to declare the action of the 2nd Respondent in selling an extent of 1210 Sq. Yds as a Stray Bit in Lot No.10, situated in Sy.No.124 & 125 (described as Sy.No.26) Kancha Gachibowli, Ranga Reddy District, in favour of the 3rd Respondent vide confirmation-cum- allotment letter dated 01-05-2023, including the road of 30 feet situated on the Northern side of Plot No.4 and Southern side of Plot No.7 belonging to the Petitioner, as arbitrary and illegal and to set aside the same and to direct the 2nd Respondent to leave the road of 30 feet situated on the Northern side of Plot No.4 and Southern side of Plot No.7 of the Petitioner, while disposing of the st
The High Court declined to entertain writ petitions involving disputed questions of fact, directing the petitioner to seek resolution in a competent Civil Court.
A writ petition cannot adjudicate serious disputed questions of fact which must be resolved in a competent civil court.
The court emphasized the necessity for factual determination before issuing a writ of mandamus for demarcation or measurement, and declined to interfere in the absence of such determination.
The court affirmed that the failure to allot equivalent land or provide compensation for lost property violates Article 300-A of the Constitution.
Writ jurisdiction is inappropriate for adjudicating disputes regarding property titles; such matters should be resolved through civil courts.
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