State Human Rights Commission Can't Adjudicate Upon Disputes Of Title & Possession Of Property: Telangana High Court

The Telangana High Court has set aside an order passed by the State Human Rights Commission for status quo in a property dispute case, ruling that the same was per se without jurisdiction and cannot be sustained in the eye of law.

The Division Bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar was hearing a petition filed against the Commission's order in the appeal filed by a landowner, who claimed to have given land for development to a developer.

The construction commenced on the land, and villas were constructed. A supplementary agreement was entered into and a villa was allotted to the petitioner, and the petitioner took possession of the same. It was contended by the petitioner that the respondent tried to illegally take possession and occupation of the same villa, claiming that the developer had entered into an oral agreement, upon the payment of an amount, and allotted it in favour of the respondent.

When the plaintiff tried to stop the respondent, he filed a complaint before the Commission for direction to the police authorities to take necessary action. The Commission directed that status quo with regard to the schedule property and granted liberty to file a complaint before the Station House Officer of Narsingi Police Station and the concerned police officer was directed to take action, if such a complaint is filed. The respondent was also granted the liberty to approach the civil court by filing the civil suit.

The division bench, while relying upon G.Manikyamma v. Roudri Cooperative Housing Society Limited, said:

"Thus, in view of the aforesaid enunciation of law by the Hon’ble Supreme Court, it is evident that Section 12 of the Protection of Human Rights Act, 1993, does not authorise the Commission to adjudicate upon the disputes of title and possession of the property."

Click Here To Download Judgment