Item No.19
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL No.36 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant/writ petitioner is aggrieved by the order dated
16.12.2020 passed by the learned Single Judge dismissing
W.P.No.23021 of 2020 filed by him praying inter alia for directing
the respondents No.2 and 3/authorities to stop the alleged illegal and
unauthorised construction being raised by the private respondent No.4 in the common passage and to demolish the said construction raised thereon.
2. By the impugned order, learned Single Judge has dismissed the writ petition filed by the appellant/writ petitioner at the stage of admission itself by observing that the allegations levelled by the appellant/writ petitioner that the respondent No.4 is raising illegal construction in the pathway is a claim of violation of easementary rights, for which the relief would fall under the Easements Act, which would, at best, be settled in a Civil Court. Granting leave to the appellant/writ petitioner to approach the appropriate Civil Court for relief, the writ petition was dismissed.
3. Learned counsel for the appellant/writ petitioner draws the attention of this Court to a reply to the RTI application submitted by W.A.No.36 of 2021 Page 1 of 3 the appellant/writ petitioner on 16.12.2020, the date on which the impugned order came to be passed wherein, the Panchayat Secretary, Adilabad District has stated that no permission has been accorded to the respondent No.4 by the respondent No.3/Gram Panchayat to raise any construction at the site in question.
4. Learned counsel for the appellant/writ petitioner states that before filing the writ petition, the petitioner had submitted a detailed representation to the District Panchayat Officer on 30.09.2020 pointing out the unauthorised construction being raised by the respondent No.4, but no action was taken on the said representation.
5. We have enquired from learned counsel for the respondents No.1 to 3 that if any action was taken on the said representation. He concedes that no action was taken on the said representation.
6. It is deemed appropriate to dispose of the present appeal with the direction issued to the respondents No.1 to 3 to consider the representation dated 30.09.2020 submitted by the appellant/writ petitioner against the purported unauthorised construction being raised by the respondent No.4.
7. A notice to show cause shall be issued to the respondent No.4 within two weeks calling upon the said respondent to explain her stand. After granting a hearing to both sides, appropriate orders shall be passed by the respondents No.2 and 3 under written intimation to the parties. The order shall be limited to the aspect of raising of unauthorised construction by the respondent No.4 in the subject W.A.No.36 of 2021 Page 2 of 3 premises. As for the easementary rights claimed by the appellant/writ petitioner, he has already been granted liberty to seek appropriate civil remedies against the respondent No.4.
8. The present appeal is accordingly disposed of along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 23.03.2021 lur W.A.No.36 of 2021 Page 3 of 3