THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.1082 OF 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. K.S.S.K.V. Raghava Reddy, learned counsel,
representing Mr. D. Narendar Naik, learned counsel for the
appellants.
Ms. Lakshmi Kanakavalli, learned Assistant Government
Pleader for Municipal Administration and Urban Development
representing respondent No.1.
Mr. K. Siddharth Rao, learned Standing Counsel for
respondent No.2-Greater Hyderabad Municipal Corporation
(GHMC).
Mr. Ajay Kumar Kulkarni, learned counsel for respondent
No.3.
2. Heard on the question of admission.
3. This intra Court appeal has been filed against the order dated
11.09.2023 by which Writ Petition No.25106 of 2023 preferred by
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the appellants has been dismissed with liberty to the appellants to
file a civil suit.
4. Facts
giving rise to filing of this writ appeal, briefly stated, are that admittedly the appellants had taken on lease the premises belonging to respondent No.3. It is also not in dispute that the aforesaid lease expired in the month of January, 2023. After expiry of the lease, the appellants started making complaint to the GHMC that illegal construction has been made on the land belonging to the appellants, by respondent No.3 and therefore the same be demolished. The appellants thereupon filed writ petition viz., W.P.No.20242 of 2021, which is pending. Thereafter, the appellants filed a petition seeking a direction to the GHMC to take action for demolition of the construction raised by respondent No.3. The GHMC failed to respond to the aforesaid complaint. The appellants thereupon filed the instant writ petition which has been disposed of with liberty to the appellants to file a civil suit.
5. The grievance of the appellants, as is discernable from the pleadings, is that respondent No.3 has encroached on the land belonging to them and has raised illegal construction. The issue ::3::
with regard to encroachment cannot be decided by the GHMC under Section 452 of the Greater Hyderabad Municipal Corporation Act, 1955. The learned Single Judge has therefore rightly relegated the appellants to the remedy of civil suit.
6. For the aforementioned reasons, we do not find any ground to differ with the conclusion arrived at by the learned Single Judge.
7. In the result, the writ appeal fails and is hereby dismissed. There shall be no order as to costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
__________________ ALOK ARADHE, CJ ________________________ N.V.SHRAVAN KUMAR, J Date:18.11.2023 Lrkm