THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.939 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order dated
22.11.2019 passed in I.A.No.1 of 2019 in I.A.No.1 of 2018
in/and W.P.No.26401 of 2018 by the learned Single Judge.
The facts of the case reveal that one Kamatham Laxmi
Narayana (respondent No.1 in the present writ appeal) has
preferred a writ petition stating that the present appellant is carrying out illegal construction without there being any building permission and the learned Single Judge, after hearing the Grampanchayat and District Panchayat Officer as well as the State Government has directed demolition of illegal structure. It has been stated before this Court that the so-called illegal structure has already been demolished and that on account of the judgment delivered by the learned Single Judge, a suit for recovery of possession has been filed.
In the considered opinion of this Court, a suit for restoration/recovery of possession can be filed and the same has to be decided based upon the evidence adduced by the parties in the civil suit. Learned counsel for the appellant as well as the respondents fairly stated before this Court that the present writ appeal be disposed of with a liberty to the parties to adduce the evidence before the trial Court. It is needless to 2 mention that the order passed by the learned Single Judge will not come in the way of the parties so far as the civil suit is concerned.
With the aforesaid, the writ appeal stands disposed of. Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ N. TUKARAMJI, J 01.12.2021 ES