Hyderabad High Court Allows Writ Appeal in Land Dispute Case.
10 December 2018
Property Registration >> Personal Law | Property/Real Estate Law >> Property & Real Estate
The High Court of Hyderabad has overturned a lower court order that directed the registration of a disputed land document. The writ appeal was filed by the appellants who argued that they were not given a fair chance to defend themselves in the original writ petition.
The original writ petition, filed by the respondent, challenged a prohibitory list issued by the District Collector that prevented the registration of the land document. The single judge had ruled in favor of the respondent, ordering the Sub-Registrar to register the document regardless of the list.
The High Court found fault with the lower court's decision on two grounds. Firstly, the appellants were not provided an opportunity to file a counter affidavit and contest the claims made in the writ petition. Secondly, the District Collector, who is a crucial party in land dispute cases, was not included in the writ petition.
In its judgement, the High Court emphasized the importance of due process and ensuring all parties have a chance to be heard. The Court also highlighted the necessity of including the District Collector in land-related legal proceedings.
While the High Court set aside the lower court's order, it did not completely bar the respondent from pursuing their claim. The judgement suggests the respondent can utilize the A.P. Rights in Land and Pattadar Passbooks Act to seek a resolution before the Joint Collector.