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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Sathyadi Nageshwara Rao – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. This Writ Petition is filed to issue a Writ of Mandamus declaring the action of respondents in interfering with the ownership, title and possession of the petitioner in respect of land admeasuring Acs.2.00 covered in Sy.No.129/98 (Old Sy.No.403), situated at Banjara Hills, Road No.2, Hyderabad, as illegal, arbitrary and in violation of Articles 14, 19 and 300-A of the Constitution of India.
2. Heard Sri Brahmadandi Ramesh, learned Senior Counsel representing Smt R.Swarnalatha, learned counsel-on-record for petitioner, and Ms. T.Swetcha, learned Assistant Government Pleader for Revenue appearing for respondent Nos.2 to 4.
3. Brief facts of the case as averred in the writ affidavit are that originally, a total extent of Acs.7.00 guntas of land in old Sy.No.403 belonged to one Pochaiah, who held patta in 1954; that subsequently the said land was got regularized in the year 1957; that thereafter, Pochaiah alienated portions of the said land to various purchasers, including an extent of Acs.2.00 gts (the subject land) in favour of one K.V.Surendra Kumar Sarma under a registered Sale Deed No.2624/1968 dated 21.08.1968; that in the year 1973, the said K.V.Surendra Kumar Sarma exec
The court held that property ownership disputes must be resolved in civil courts rather than through writ proceedings when title questions are contested.
Writ jurisdiction is inappropriate for adjudicating disputes regarding property titles; such matters should be resolved through civil courts.
The main legal point established is the importance of following due process of law and the limited scope of interference under Article 226 of the Constitution of India in land dispute cases.
Writ jurisdiction under Article 226 cannot resolve disputed title and possession over land; civil suit is appropriate remedy. Section 23(1)(a) of U.P. Zamindari Act bars recognition of post-1948 tran....
The judgment emphasizes the importance of adhering to principles of natural justice and providing a reasonable opportunity for the parties to present their case.
The main legal point established in the judgment is that disputed questions of fact relating to title and possession should be decided by the competent civil court, and the power of judicial review i....
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