THE HON'BLE SRI JUSTICE T. AMARNATH GOUD
WRIT PETITION No.1729 of 2020
ORDER:
Heard learned counsel for the petitioners and learned Government Pleader.
2 It is the case of the petitioners that when the unofficial respondents are making unauthorized construction, the petitioners approached the official respondents and represented the matter. Since the same was not considered, this present writ petition is filed.
2. On perusal of the affidavit, the petitioners and the vendors of the unofficial respondents are co-parcenors and some of the family members are alienated the property in favour of the unofficial respondents and the unofficial respondents being the vendee proceeded with the construction. There is also a civil dispute i.e. O.S.No.288 of 2019 on the file of XV Additional District Judge, Ranga Reddy District. The petitioners instead of perusing the said O.S. before the civil Court, they involved the Grampanchayat and HMDA and approached this Court under Article 226 of the Constitution of India. This matter is purely a civil in nature and the petitioners are having appropriate remedy before the civil Court.
3. Learned counsel for the petitioners relied on the judgments of the Apex Court in U.Gopala Krishna Murthy v State of Telangana, rep. by its Principal Secretary (Municipal Administration) and others1 and Hari Krishna Mandi Trust v 1 2019 SCC ONLINE TS 1730 2 State of Maharashtra and others2. The above two citations are not relevant to the present case as the 1st judgment is decided on the interlocutory applications and the 2nd judgment do not co- relate to the present facts of the case.
4. In view of the opinion taken by this Court in W.P.No.10140 of 2020 that the petitioner is having effective remedy before the competent Civil Court, this writ petition is also dismissed. However, the petitioners are at liberty to avail remedies under law before the appropriate civil Court. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed __________________________ T. AMARNATH GOUD, J.
Date: 22-07-2021.
kvrm 2 (2020) 9 SCC 356 = 2020 SCC online SC 631