Item No.35
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.365 OF 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant is aggrieved by an order dated 29.01.2020 passed
by the learned Single Judge in W.P.No.1783 of 2020 filed by the
respondents No.1 & 2/writ petitioners praying inter alia for declaring
the notices dated 24.12.2019 issued by the Gram Panchayat as illegal and restraining the said respondents from demolishing the construction raised in house bearing No.1-29/5 and 1-29/6 forming part of Sy.No.2 of Baakaram Jagir Village, Moinabad Mandal, Ranga Reddy District or interfering with the possession thereof.
2. By the impugned order, the learned Single Judge has disposed of the writ petition by setting aside the notices dated 24.12.2019 issued by the Gram Panchayat. At the same time, it was made clear that in the event the respondents No.1 and 2/writ petitioners intend to carry out any further constructions or make any additions in the subject property, they shall first establish their title to the same.
3. Learned counsel for the appellant states that the respondents No.1 and 2/writ petitioners failed to implead his client as a party in the writ petition, more so when the impugned notice dated 24.12.2019 was issued on the complaint made by him. We may note that once the learned Single Judge has restrained the respondents No.1 and 2/writ petitioners from carrying out any further construction or making any W.A.No.365 of 2020 Page 1 of 2 2 additions/alterations in the subject property without establishing their title, the interest of the appellant has been fairly secured. If the appellant has any grievance even thereafter, he is entitled to seek appropriate legal recourse against the respondents/writ petitioners on the basis of his allegation that they have encroached upon his land. We therefore decline to entertain the present appeal as filed.
4. The appeal is dismissed along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B.VIJAYSEN REDDY, J 19.03.2021 Lrkm/pln W.A.No.365 of 2020 Page 2 of 2