Hyderabad: The division bench of the Telangana High Court, comprising Chief Justice Alok Aradhe and Justice Jukanti Anil Kumar, made it clear that the question of title over the land cannot be adjudicated in a writ petition filed before the High Court.
The bench set aside the single judge orders, which had directed the state electricity board to provide connection in a disputed land at Shankar Hills layout in Vattinagulapally of Rangareddy district. The bench also faulted the findings of the single judge in recording a title over the land in the writ petition, which sought direction to the electricity board to provide the connection.
The appeals were filed by many persons, who are claiming title over the property in Survey No.s 111, 134 to 139, 146/A/1, 148 to 158, 159/A, 161, 162, 165, 166, 171, 178 to 180, 183, 189, 190, 191 and 181/A based on the registered sale deeds made in 2022.
Around 3,328 persons are claiming ownership of the property based on the registration of sale deeds between 1983 and 1986. Due to the disputes, the electricity board refused connections to the plot owners. One of the plot owners approached the High Court seeking directions to the electricity board. The other side also filed interim applications.
The single judge considered the fact that the registration of documents of the petitioner was executed in 1983 and it was never revoked. While observing that the land cannot be re-registered without revoking the first registration, the single judge viewed the petitioner plot owner as the owner and directed the electricity board to give a connection.
It was inter alia held by the single judge that the proposed parties have no title in respect of the land in dispute as they did not raise their voice against the persons who cheated them by creating a second/third sale intentionally; they approached the court by filing suits seeking relief of specific performance of contract.
Challenging the same, the other side approached the division bench of the High Court, which set aside the single judge orders and observed that supply and conditions for providing connections were mentioned in the general terms and conditions of supply deals by the electricity department.
Any application for electricity connection shall be considered by the same provisions only. Further, the division bench directed the board to take a decision on the application within two months.
