Sri Putchlapalli Ramakrishna ... vs The State Of Telangana
2021 Latest Caselaw 480 Tel

39




          THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                             AND
          THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY

                               W.A.No.25 of 2021

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

     1.    The appellant/writ petitioner is aggrieved by the order dated

     30.12.2020 passed by the learned Single Judge in W.P.No.24114 of

     2020 dismissing the writ petition filed by him for issuing directions

     to the respondents No.1 to 6/authorities to permit him to remove

the boulders/rock debris from his property bearing Municipal

No.8-2-293/82/A/853-C, on plot No.853-C in Sy.No.403/1 (old)

120 (new) of Shaikpet Village and Sy.No.102/1 of Hakimpet Village,

admeasuring 912 sq. yards or 763 sq. metres, situated on Road No.44,

Jubilee Hills, Hyderabad.

2. The learned Single Judge has dismissed the writ petition noting

that a complaint dated 08.01.2020 was lodged by the appellant/

writ petitioner against the respondent No.7, a neighbour, with the

Jubilee Hills Police Station alleging that boulders/rock debris had

fallen into his property due to the illegal action of the respondent No.7

and a case had already been registered on the said complaint which

was being investigated into. As a result, the learned Single Judge

declined to grant any relief to him.

3. Today, learned counsel for the appellant/writ petitioner states

that his client has informed him that the police authorities have

permitted him to remove the boulders/rock debris from his property

and therefore, no further orders are required to be passed on the

present appeal.

4. At this stage, Mr.Y. Rama Rao, learned counsel appears for the

private respondent No.7 and states that there are several litigations

pending between the parties with regard to a dispute parcel of land

measuring 100 sq. yards being a part of the property claimed to be

owned by the appellant, which as per the respondent No.7, is a part

and his property. This includes four writ petitions and a civil suit

instituted by the appellant against the respondent No.7 that are

pending adjudication. He submits that any orders passed in the

present appeal may not be to the detriment of the respondent No.7 in

the aforesaid pending litigations.

5. In view of aforesaid submission, the appellant is permitted to

remove the boulders/rock debris etc., from the subject premises as has

been allowed by the respondent Nos.1 to 6, but the same shall be

without prejudice to the pleas taken by the respondent No.7 in the

pending writ petitions and the civil suit instituted by the appellant

against him, relating to the title and possession of 100 sq. yards of

land, being a part of the subject premises. Any activity of removal of

boulders/rock debris shall be undertaken by the appellant under

written intimation to the respondent No.7 and the local police.

6. The present appeal is disposed of along with the pending

applications, if any.

_________________ HIMA KOHLI, CJ

_______________________ A. ABHISHEK REDDY, J 19.02.2021 Lrkm