HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1334 OF 2014 DATED:29.10.2014 Between:
Kadmisetty Venkata Naga Rama Krishna and others … Appellants And Greater Visakha Municipal Corporation Rep. by its Commissioner Visakhapatnam and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1334 OF 2014 JUDGMENT: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) The prayer in the writ petition is very difficult to understand. The learned trial Judge found, so also we find, that the writ petitioners – appellants want to challenge the action of the respondent – Municipal Corporation in proposing to hold auction for using the land in question as public parking place. The appellants claim that this piece of land belongs to them and they are the owners. However, this assertion of the ownership is denied and disputed by the Municipal Corporation.
Learned counsel for the appellants says that the Municipal Corporation is not the owner and his clients are the owners. Hence, the learned trial Judge rightly held that there is disputed question of fact relating to title. We are unable to appreciate his submission for the simple reason that the appellants have to establish their own title if it is denied and here it is denied by the respondent – Corporation. Such establishment of right cannot be done by Writ Court and it can be decided by the Civil Court taking evidence and the learned trial Judge has rightly held that the Civil Court is competent to decide title. We do not find any reason to interfere with the impugned order.
The appeal is accordingly dismissed.
Pending miscellaneous petitions, if any, shall also stand dismissed. There will be no order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 29.10.2014 bnr