Item No.7
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.313 OF 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant/writ petitioner is aggrieved by a common order
dated 13.07.2021 passed by the learned Single Judge disposing of
W.P.Nos.5791 and 15691 of 2021. The present appeal arises from
W.P.No.5791 of 2021 wherein, the appellant/writ petitioner has
challenged an order dated 03.02.2021 passed by the respondent
No.5/Panchayat Secretary rejecting his representation dated 27.02.2021 alleging encroachment of public road by the private respondents Nos.6 and 7 and for restraining them from undertaking construction at H.No.1-23/2, 1-23/3 of Venkatapur Village, Kohir Mandal, Sanga Reddy District.
2. The learned Single Judge has noticed order dated 03.03.2021 passed by the respondent No.5/Panchayat Secretary wherein, it has been clearly observed that there is no encroachment on public road, as alleged by the appellant/writ petitioner and the construction being carried by the private respondents No.6 and 7 is after obtaining proper permission from the Department. As a result, the writ petition has been dismissed. Aggrieved by the aforesaid order, the appellant/writ petitioner has filed the present appeal.
3. Learned counsel for the appellant asserts that the private respondents No.6 and 7, who are neighbours of the appellant have W.A.No.313 OF 2021 Page 1 of 2 2 encroached upon a public road and if they are permitted to complete the construction undertaken by them, the access of the appellant/writ petitioner to his premises will be blocked.
4. Having perused the photographs filed by the appellant/writ petitioner with the present appeal, we are prima facie of the view that there does not appear any obstruction to the ingress and egress of the public on the road in question.
5. At this stage, learned counsel for the appellant/writ petitioner states that he may be permitted to withdraw the present appeal while reserving the right of his client to invoke civil remedies against the private respondents No.6 and 7.
6. Leave, as prayed for, is granted. The present appeal is dismissed as withdrawn along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B.VIJAYSEN REDDY, J 30.07.2021 Lrkm/Pln W.A.No.313 OF 2021 Page 2 of2