Annaaldasu Laxmi Rajyam vs Kamatham Laxmi Narayana And 3 ...
2021 Latest Caselaw 4076 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                       AND
           THE HON'BLE SRI JUSTICE N. TUKARAMJI


                   WRIT APPEAL No.939 of 2019

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




     The present writ appeal is arising out of order dated

22.11.2019 passed in I.A.No.1 of 2019 in I.A.No.1 of 2018

in/and W.P.No.26401 of 2018 by the learned Single Judge.

     The facts of the case reveal that one Kamatham Laxmi

Narayana (respondent No.1 in the present writ appeal) has

preferred a writ petition stating that the present appellant is

carrying out illegal construction without there being any

building permission and the learned Single Judge, after

hearing the Grampanchayat and District Panchayat Officer as

well as the State Government has directed demolition of

illegal structure. It has been stated before this Court that the

so-called illegal structure has already been demolished and

that on account of the judgment delivered by the learned

Single Judge, a suit for recovery of possession has been filed.

In the considered opinion of this Court, a suit for

restoration/recovery of possession can be filed and the same

has to be decided based upon the evidence adduced by the

parties in the civil suit. Learned counsel for the appellant as

well as the respondents fairly stated before this Court that the

present writ appeal be disposed of with a liberty to the parties

to adduce the evidence before the trial Court. It is needless to

mention that the order passed by the learned Single Judge

will not come in the way of the parties so far as the civil suit

is concerned.

With the aforesaid, the writ appeal stands disposed of.

Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ N. TUKARAMJI, J

01.12.2021 ES