Hyderabad: Claiming the title over a piece of land measuring 84 acres 30 guntas in Survey number 46 of Raidurg village under Serilingampally mandal, the state government argued before the High Court on Monday that the title over the said land should be decided by the civil court. The High Court cannot surpass it to declare the title based on documents provided before it.
These arguments were in the recall petition filed by the state government urging Telangana High Court to recall its orders of April 27 in a review petition about the said land. They were in favour of Burgula Shivarama Krishna, Lingaiah and others.
The state government argued that the division bench, dealing with the review petitions, issued orders erroneously by believing the fake documents that were submitted by private parties.
Senior Supreme Court counsel C.S. Vaidyanathan, representing the state government, said that no opportunity was given to his client to argue on merits in the review.
The private parties have not made the State a party to the suit and in fact the government was removed as a party to an earlier suit on the same subject.
He argued that the High court ought not to have declared the title exercising its writ jurisdiction as the title can only be granted by a civil court after a comprehensive trial.
