THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY

ORDER:

This writ petition is filed seeking following relief:

“For the reasons stated in the accompanying affidavit, the Petitioner herein prays that this Hon’ble Court may be pleased to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents 2 to 5 in interfering/dispossession of the petitioner from his peaceful possession and enjoyment of the land in Survey No. 307 admeasuring Ac. 10-02 Guntas situated at Gajularamraram village, Quthbullapur Mandal Medchal-Malkajgiri district Telangana State bounded by: North: Survey No. 335, 336 and 337, South: Part of Survey No. 307, East: Sy.No. 321 and 322, West: Part of Sy.No 307 is without following due process of law is illegal, arbitrary and violation of Articles 14, 21 and 300A of the Constitution of India and consequently direct the respondents not to interfere/dispossess the petitioner’s from his peaceful possession and enjoyment of the above stated lands and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2. It is stated that the petitioner is the General Power of Attorney holder to Mohd. Rashid Hussain and Mohammed Shaukat Hussain in respect of land admeasuring Acs. 10.02 guntas in Survey No.307, situated at Gajularamaram Village, Quthbullapur Mandal, Medchal-Malkajgiri District (for short, ‘the subject land’) and he is in peaceful possession of the subject land. The grievance of the petitioner is that respondent Nos.2 to 5 are threatening the petitioner to dispossess him from the subject land without issuing any notice or without following any due process under law. Hence, the present writ petition.

3. Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition is being disposed of at the admission stage.

4. On perusal of the record, it is seen that in order to prove the claim of possession of the subject land, the petitioner has not filed any document showing the entries made in the revenue records or issuance of any pattadar passbook in favour of the petitioner.

5. Learned Assistant Government Pleader appearing for respondent Nos.1 to 4, on instructions, would submit that the land in Survey No.307, situated at Gajularamaram Village, Quthbullapur Mandal, Medchal- Malkajgiri District is classified as Government. Therefore, he prayed this Court to dismiss the writ petition.

6. The parties to this writ petition are inviting this Court to adjudicate upon the issues relating to right, title, and possession of the subject property. In view of the serious disputes with regard to right, title and possession of the subject property, a writ petition is not the appropriate remedy to resolve the inter se disputes between the parties, especially in the absence of examination of the documents relating to title and possession of the respective parties. The questions as to who is the rightful owner of the land in question; who is in possession of the subject property, and if so, since when, how, and under what circumstances they claim to be in possession; whether such possession can be regarded as legal vis-à-vis the true owner, etc., are material questions that arose for consideration in this writ petition. In my view, these are pure questions of fact, which can only be appropriately addressed by a civil court in a properly instituted civil suit, based on the evidence adduced by the parties, and not in a writ petition filed under Article 226 of the Constitution of India. It has been consistently held by this Court and the Hon’ble Supreme Court that a regular civil suit is the proper remedy for the adjudication of disputes relating to property rights.

7. In Mohan Pandey vs. Usha Rani Rajgaria¹ the Hon’ble Supreme Court observed as follows:

“6: xxxx..... It has repeatedly been held by this Court as also by various High Courts that a regular suit is the appropriate remedy f