Item No.4
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL No.127 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The present appeal has been filed by the appellant/petitioner
being aggrieved by the order dated 08.03.2021 passed by the learned
Single Judge dismissing W.P.No.5327 of 2021 filed by the
appellant/writ petitioner seeking issuance of a writ of Mandamus to
the respondents No.2 and 3 to take further action pursuant to the show
cause notices dated 08.02.2021 and 12.02.2021 issued to the respondent No.4 (brother of the appellant/writ petitioner) against the illegal construction raised on land admeasuring Ac.0.03 guntas in House No.1-73, Kondapur Village, Chigurumamidi Mandal, Karimnagar District.
2. By the impugned order, the learned Single Judge has declined to entertain the writ petition by observing that there appears a family dispute between the appellant/writ petitioner and the respondent No.4, who are brothers and the appellant cannot take undue advantage or influence the official respondents only to create hardship for the respondent No.4.
3. We have enquired from Mr. G.Narender Reddy, learned Standing Counsel for the respondent No.3/Gram Panchayat as to whether the Gram Panchayat is taking any steps pursuant to the show W.A.No.127 of 2021 Page 1 of 2 cause notices dated 08.02.2021 and 12.02.2021 issued to the respondent No.4. He confirms that the Gram Panchayat is in the process of taking further steps.
4. In this view of the matter, we see no reason to entertain the present appeal. It appears to us that the appellant/petitioner is trying to settle his personal scores with the respondent No.4. Once he had made a complaint regarding the alleged unauthorised construction raised by the respondent No.4 to the respondents No.2 and 3 and the official respondents had initiated steps against the respondent No.4, the role of the appellant was over. Now it is for the respondent No.4 to satisfy the official respondents. The present appeal is found to be meritless and is accordingly dismissed in limini along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 27.04.2021 Lur W.A.No.127 of 2021 Page 2 of 2