HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.16752 of 2004
Date: September 01, 2014
Between:
K.R. Phalaniyamma.
… Petitioner and
1. The Revenue Divisional Officer, Tirupati, Chittoor District & another.
… Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.16752 of 2004
O R D E R:
The petitioner seeks a direction to the respondent authorities not to dispossess her from the lands admeasuring Ac.1.85 cents situated in Survey Nos.175/14 and 176/8, Damineedu Village, Tirupati (Rural) Mandal.
2. The petitioner alleges that she has rights over the subject lands under registered deeds of conveyance. However, none of the registered documents are made part of the record.
3. At the time of admission of this case on 17.09.2004, this Court directed that without following the due procedure and issuing notice, the petitioner should not be dispossessed. However, upon the vacate stay petition filed by the Revenue Authorities, this Court passed order dated 28.04.2005 observing that the petitioner had not produced any documents to show that she was in possession of the lands as alleged by her and that there was no evidence to show that she was in possession and accordingly vacated the interim order and dismissed the petitioner’s stay petition. This order has attained finality, as no appeal was filed by the petitioner against the same.
4. Sri G. Ramachandra Reddy, learned counsel for the petitioner, would contend that in the light of the registered transactions under which the petitioner is claiming rights, it is for the Revenue Authorities to approach the competent forum to establish their right. However, as rightly pointed out in the order dated 28.04.2005 passed in the vacate stay petition, there is not a scrap of evidence placed before this Court showing that the petitioner is in possession. Once the Revenue Authorities disputed the same, it is purely a question of fact which cannot be resolved by this Court in exercise of its extraordinary jurisdiction under Article 226 of the Constitution. It is for the petitioner to approach the appropriate forum and lead evidence to establish her rights.
5. The writ petition is accordingly disposed of leaving it open to the petitioner to do so. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
SANJAY KUMAR, J.
Date: September 01, 2014. BSB HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No.16752 of 2004
Date: September 01, 2014
BSB