Item No.9
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL No.462 of 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. Pursuant to the order dated 26.02.2021, learned counsel for the
appellant/writ petitioner enters appearance and apologises for his
absence on the last date of hearing.
2. The present appeal is directed against the order dated
28.09.2020 passed by the learned Single Judge declining to entertain
W.P.No.15931 of 2020 filed by the appellant/writ petitioner wherein,
the relief prayed was to restrain the respondents from constructing
Rythu Vedhika in his land stated to be situated in R.S.No.4AA/1 in Maripalli Village, Uppununthal Mandal, Nagarkurnool District, without acquiring the said land.
3. The captioned writ petition has been disposed of by the learned Single Judge in view of the stand taken by the respondents/Government authority that the Government is proposing to construct the Rythu Vedhika in Survey No.28/1 which is a Government land and not in the survey number mentioned by the appellant/writ petitioner. It was observed that as there is a dispute with regard to the identity of the land itself, the writ petition was not 2 maintainable. Liberty was granted to the appellant/writ petitioner to seek his remedies before the competent Civil Court.
4. After addressing arguments for some time, 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 approach the revenue authorities for conducting survey of the subject land to establish its identity.
5. Leave, as prayed for, is granted. The present appeal is accordingly disposed of as not pressed along with the pending applications, if any.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 19.03.2021 vs