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THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY
W.A.No.25 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant/writ petitioner is aggrieved by the order dated
30.12.2020 passed by the learned Single Judge in W.P.No.24114 of
2020 dismissing the writ petition filed by him for issuing directions
to the respondents No.1 to 6/authorities to permit him to remove
the boulders/rock debris from his property bearing Municipal No.8-2-293/82/A/853-C, on plot No.853-C in Sy.No.403/1 (old) 120 (new) of Shaikpet Village and Sy.No.102/1 of Hakimpet Village, admeasuring 912 sq. yards or 763 sq. metres, situated on Road No.44, Jubilee Hills, Hyderabad.
2. The learned Single Judge has dismissed the writ petition noting that a complaint dated 08.01.2020 was lodged by the appellant/ writ petitioner against the respondent No.7, a neighbour, with the Jubilee Hills Police Station alleging that boulders/rock debris had fallen into his property due to the illegal action of the respondent No.7 and a case had already been registered on the said complaint which was being investigated into. As a result, the learned Single Judge declined to grant any relief to him.
3. Today, learned counsel for the appellant/writ petitioner states that his client has informed him that the police authorities have W.A.No.25 of 2020 Page 1 of 2 2 permitted him to remove the boulders/rock debris from his property and therefore, no further orders are required to be passed on the present appeal.
4. At this stage, Mr.Y. Rama Rao, learned counsel appears for the private respondent No.7 and states that there are several litigations pending between the parties with regard to a dispute parcel of land measuring 100 sq. yards being a part of the property claimed to be owned by the appellant, which as per the respondent No.7, is a part and his property. This includes four writ petitions and a civil suit instituted by the appellant against the respondent No.7 that are pending adjudication. He submits that any orders passed in the present appeal may not be to the detriment of the respondent No.7 in the aforesaid pending litigations.
5. In view of aforesaid submission, the appellant is permitted to remove the boulders/rock debris etc., from the subject premises as has been allowed by the respondent Nos.1 to 6, but the same shall be without prejudice to the pleas taken by the respondent No.7 in the pending writ petitions and the civil suit instituted by the appellant against him, relating to the title and possession of 100 sq. yards of land, being a part of the subject premises. Any activity of removal of boulders/rock debris shall be undertaken by the appellant under written intimation to the respondent No.7 and the local police. W.A.No.25 of 2021 Page 2 of 2 3
6. The present appeal is disposed of along with the pending applications, if any.
_________________ HIMA KOHLI, CJ _______________________ A. ABHISHEK REDDY, J 19.02.2021 Lrkm W.A.No.25 of 2021 Page 2 of 2