Item No.10
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL No.596 of 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant/writ petitioner is aggrieved by an order dated
10.12.2020 passed by the learned Single Judge dismissing
W.P.No.21934 of 2020 filed by him challenging the order dated
12.11.2020, passed by the respondent No.3 under Section 6 of the
Land Encroachment Act, 1905.
2. The plea taken by the learned counsel for the appellant/writ petitioner before the learned Single Judge was that he is the owner and in possession of House No.5-536/4/A on Plot No.536/4/A admeasuring 200 square yards or 168 square metres, in Survey No.150 situated at Deepthi Sree Nagar Colony, Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District, having purchased the same vide a registered sale deed dated 16.12.2016. The appellant/writ petitioner further stated that he was raising construction on the said plot after obtaining necessary permissions from the civic authority and had to file a suit (O.S.No.320 of 2019) for perpetual injunction against the Tahsildar and two others before the learned XV Additional District Judge, Ranga Reddy District at Kukatpally on the plea that the W.A.No.596 of 2020 Page 1 of 3 defendants in the said suit were interfering in his peaceful possession. In the meantime, an order came to be passed by the respondent No.3 directing that possession of the subject land be taken over and the construction raised thereon be demolished.
3. The stand taken by the respondents before the learned Single Judge was that the subject land is a Government land and the order dated 12.11.2020 was passed after complying with the requirements of law. Noting that there was a disputed question as to whether the subject land situated in Survey No.150 is a private land or a Government land which could only be adjudicated in a civil court, the writ petition was dismissed with liberty granted to the appellant/writ petitioner to challenge the order dated 12.11.2020 by filing an appeal before the appellate authority. Aggrieved by the said order, the present appeal has been filed.
4. Learned counsel for the appellant/writ petitioner submits that the learned Single Judge has erred in relegating the appellant/writ petitioner to avail of the remedy before the appellate authority, particularly since the revenue Courts are not functioning due to digitization of the revenue records and the appellant/writ petitioner had tried to prefer the appeal before the District Collector, Ranga Reddy District, but the said appeal was not received for the said reason.
5. We decline to interfere in the impugned order for the reason that much water has flown under the bridge ever since then. The W.A.No.596 of 2020 Page 2 of 3 appellant/writ petitioner is well entitled to approach the learned appellate authority with an appeal which would be considered and adjudicated upon in accordance with law.
6. Learned Government Pleader for Revenue submits that in the event the appellant/writ petitioner files an appeal against the proceedings initiated by the respondent No.3, no objection regarding maintainability shall be raised on the ground of limitation.
7. The appellant/writ petitioner is permitted to file an appeal within a period of four weeks from today along with an application for stay. Till the interim application for stay moved by the appellant/writ petitioner is taken up by the appellate authority, parties shall maintain status quo in respect of the subject land, as on date.
8. The present appeal is disposed of along with the pending applications, if any.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 19.03.2021 Vs/pln W.A.No.596 of 2020 Page 3 of 3