Item No.14
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.330 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The present appeal is directed against an order dated
17.06.2021, passed by the learned Single Judge disposing of
W.P.No.12777 of 2021, filed by the respondent No.1/writ petitioner
questioning the inaction on the part of the respondent No.3/Gram Panchayat in ensuring the safety of a public road situated in Pocharam Village, Patancheru Mandal, Sangareddy District.
2. The learned Single Judge has observed in para 4 of the impugned order that there is a dispute pending between the respondent No.1/writ petitioner and the appellant (respondent No.3 in the writ petition) before a competent civil court with regard to the title and boundaries of different plots. Further observing that the respondent No.1/writ petitioner had only sought relief against encroachment of a public road, the writ petition has been disposed of with a direction issued to the respondent No.5/District Collector to conduct an enquiry with regard to the existence of any public road, as alleged by the respondent No.1/writ petitioner and thereafter, look into the matter of encroachment, if any, thereon by conducting a physical inspection. W.A.No.330 of 2021 Page 1 of 3 On finding any encroachments, directions have been issued to remove the same.
3. Aggrieved by the aforesaid directions, the appellant (respondent No.3 in the writ petition) has filed the present appeal stating inter alia that the learned Single Judge has declined to examine the objection regarding maintainability of the writ petition filed by the respondent No.1/writ petitioner and that there was no requirement of issuing a writ of mandamus to the respondents authorities for verifying the existence of a public road and encroachment, if any, thereon.
4. We do not find any merit in the submission made by learned counsel for the appellant. The learned Single Judge has clearly observed that there is a dispute between the appellant and the writ petitioner regarding the title and boundaries of different plots and therefore, refrained from going into any aspect relating to the private lis between the parties. The directions issued have been confined to the existence of a public road and encroachment, if any, thereon. In view of the stand taken by the learned Standing Counsel appearing for the Gram Panchayat that the Gram Panchayat was unable to identify the road and assistance was sought from the Revenue Department to do so, a limited direction has been issued to the respondent No.5/District Collector to conduct a physical inspection of the site to identify the public road and if a public road found to exist at the site in question, to remove the encroachments, if any, thereon. W.A.No.330 of 2021 Page 2 of 3
5. We see no reason to entertain the present appeal against the impugned judgment, which is accordingly dismissed as meritless along with the pending applications, if any.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 30.07.2021 JSU/PLN W.A.No.330 of 2021 Page 3 of 3