Item No.16
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL No.48 of 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant/writ petitioner is aggrieved by an innocuous order
dated 18.11.2019 passed by the learned Single Judge dismissing
W.P.No.25192 of 2019 wherein, her claim was to restrain the
respondent authorities from dispossessing her from the property
measuring Ac.0.02 guntas (240 square yards) in Survey Nos.218 and 219 situated at Bhupalapally Village and Mandal, Jayashankar Bhupalapally District, without following due process of law and without considering her application dated 27.02.2015 for regularisation made in terms of G.O.Ms.No.59 dated 30.12.2014.
2. The learned Single Judge has taken note of the complaint made by the Member of the Legislative Assembly relating to encroachment of Government land and the request to the authorities to take appropriate action and has gone on to observe that the correspondence relied on by the appellant/writ petitioner is nothing but internal correspondence between one Department and the other, which does not give any cause of action to the appellant/writ petitioner. As a consequence, the writ petition was dismissed as premature, while giving liberty to the appellant/writ petitioner to seek her remedies, as W.A.No.48 of 2020 Page 1 of 2 and when steps are taken by the competent authority to evict the encroachers.
3. Admittedly, the appellant/writ petitioner is an encroacher on Government land. Her only claim is that she had applied for regularisation of the subject land, in terms of G.O.Ms.No.59 dated 30.12.2014, vide application dated 27.02.2015. The said application is stated to be pending even as on date.
4. That being the position and in view of the fact that till date no coercive action has been taken against the petitioner, the observation made by the learned Single Judge in the impugned order that the writ petition filed by the appellant/writ petitioner is devoid of cause of action, stands validated. If the appellant/writ petitioner's application for regularisation is turned down by the respondents in the future for any reasons, she is at liberty to seek appropriate legal recourse at that stage.
5. The present appeal is dismissed as meritless along with the pending applications, if any.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 04.06.2021 JSU/PLN W.A.No.48 of 2020 Page 2 of 2