Pillela Kuberudu vs The State Of Telangana And 4 Others

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                        AND
       THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY


                    WRIT APPEAL No.539 of 2021

JUDGMENT:     (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




     The present writ appeal has been filed against order

dated 14.07.2021 in W.P.No.4096 of 2021 passed by the

learned Single Judge dismissing the writ petition preferred by

the appellant.

     The facts, as stated in the writ petition, reveal that the

petitioner's father was a title holder of the property and the

petitioner has categorically stated in the writ petition that the

5th respondent with the sheer abuse of muscle power has

encroached upon the valuable property of the petitioner and has also started raising constructions without any right whatsoever and has also completed two floors.

The learned Single Judge has dismissed the writ petition and has also held that in case there is unauthorised illegal construction, the GHMC is certainly required to take appropriate action in accordance with law and they have rightly issued a notice under Section 636 of the GHMC Act. So far as the issue of possession is concerned, the learned Single Judge has held that a writ Court cannot direct delivery of possession to the petitioner and the petitioner has to work out his remedies in competent civil Court for recovery of possession.

In the considered opinion of this Court, once the petitioner is the title holder of the property and he has stated on affidavit that he has been dispossessed from the property and respondent No.5 is in possession of the property, the dispute can be resolved only by filing civil suit where all disputed questions of facts can be looked into after the evidence is adduced by the parties. This Court does not find any reason to interfere with the order passed by the learned Single Judge.

The writ appeal is accordingly dismissed. Miscellaneous petitions, if any, pending in this Writ Appeal shall stand closed. There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ A. RAJASHEKER REDDY, J 26.10.2021 ES