Kanagandla Srinivas vs The State Of Telangana
2021 Latest Caselaw 1371 Tel

Item No.4

     THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                   AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY


                       WRIT APPEAL No.127 of 2021

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)


1.      The present appeal has been filed by the appellant/petitioner

being aggrieved by the order dated 08.03.2021 passed by the learned

Single Judge dismissing W.P.No.5327 of 2021 filed by the

appellant/writ petitioner seeking issuance of a writ of Mandamus to

the respondents No.2 and 3 to take further action pursuant to the show

cause notices dated 08.02.2021 and 12.02.2021 issued to the

respondent No.4 (brother of the appellant/writ petitioner) against the

illegal construction raised on land admeasuring Ac.0.03 guntas in

House No.1-73, Kondapur Village, Chigurumamidi Mandal,

Karimnagar District.

2. By the impugned order, the learned Single Judge has declined

to entertain the writ petition by observing that there appears a family

dispute between the appellant/writ petitioner and the respondent No.4,

who are brothers and the appellant cannot take undue advantage or

influence the official respondents only to create hardship for the

respondent No.4.

3. We have enquired from Mr. G.Narender Reddy, learned

Standing Counsel for the respondent No.3/Gram Panchayat as to

whether the Gram Panchayat is taking any steps pursuant to the show

cause notices dated 08.02.2021 and 12.02.2021 issued to the

respondent No.4. He confirms that the Gram Panchayat is in the

process of taking further steps.

4. In this view of the matter, we see no reason to entertain the

present appeal. It appears to us that the appellant/petitioner is trying

to settle his personal scores with the respondent No.4. Once he had

made a complaint regarding the alleged unauthorised construction

raised by the respondent No.4 to the respondents No.2 and 3 and the

official respondents had initiated steps against the respondent No.4,

the role of the appellant was over. Now it is for the respondent No.4

to satisfy the official respondents. The present appeal is found to be

meritless and is accordingly dismissed in limini along with the

pending applications, if any.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J

27.04.2021 Lur