) Heard Learned Counsel For The vs Sri.M.Manohar Reddy
2023 Latest Caselaw 2868 AP

     THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

              WRIT PETITION NO. 11714 OF 2023

JUDGMENT:-

1)     Heard      learned      Counsel        for   the    Petitioner      and

Sri.G.Naresh          Kumar,     learned        counsel,       representing

Sri.M.Manohar Reddy, learned Standing Counsel for the

Respondent No.2.

2) The Petitioner has filed this Writ Petition, under

Article 226 of the Constitution of India, for the following

relief:-

"...... pleased to issue a Writ, order or direction more one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondents in not taking any action to stop all activities in A.B.S. Town Hall Situated in R.S.No. 299 of Nidadavole in West Godavari Dist, arbitrary, illegal and consequently direct the respondents to stop all activities of illegal constructions and direct the second respondent to demolish the structure made so far without permission in the A.B.S. Town Hall situated in R.S.No.299 of Nidadavole and to pass......"

3) Learned Counsel for the Petitioner submits that,

previously, with respect to the same subject matter,

against the same Respondents, and for the same relief, the

Petitioner filed a Writ Petition No. 29053 of 2022, which

was dismissed on 09.09.2022. However, it was provided

that, if the Petitioner still had any grievance against the 3rd

Respondent with respect to the construction, it was left

open to the Petitioner to approach the 2nd Respondent

afresh.

4) Learned Counsel for the Petitioner further submits

that, the Petitioner's father, namely, Abdul Wahab, gifted

the subject property for the people, to play tennis by

placing tennis court and reading rooms in the hands of the

trustees, which was initially known as "Tennis Court" and

later on it was renamed as "ABS Town - Ahmadunnisa

Begum Saheba Town Hall". The Gift is to said to have been

made by registered Gift Deed, dated 16.03.1937, under

Document No.401/1937, S.R.O. Nidadavole.

5) The Petitioner is the daughter of the donor.

6) Learned Counsel for the Petitioner submits that, a

representation, dated 27.03.2023, was submitted in the

Office of the Respondent No. 2 on 27.03.2023, but no

action is taken thereon by Respondent No. 2.

7) Sri.G.Naresh Kumar, points out that, the Petitioner

has not submitted the representation and a perusal thereof

[Ex.P3] shows that it was submitted by one Md. Akram.

8) Learned Counsel for the Petitioner submits that

Mohd. Akram is the brother of the Petitioner.

9) In view of the pleading in the Writ Petition as also the

submission advanced by the learned Counsel for the

Petitioner that the Petitioner's father gifted the subject

property through registered Gift Deed to Ahmadunnisa

Begum Saheba Town Hall, in 1937, this court is not

inclined to entertain the writ petition merely because the

Petitioner is the daughter of the donor and particularly

when the Petitioner's earlier writ petition was dismissed.

10) Leaving it open to the Petitioner to seek such other

remedy as may be open in law, the Writ Petition is

dismissed.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

________________________ RAVI NATH TILHARI, J

Date: 04.05.2023.

SM/NSM.

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION NO. 11714 OF 2023

Date: 04.05.2023

SM/NSM