Billapati Ravi Kumar vs The State Of Telangana
2021 Latest Caselaw 2253 Tel

Item No.7

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

                         W.A.No.313 OF 2021

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

1.    The appellant/writ petitioner is aggrieved by a common order

dated 13.07.2021 passed by the learned Single Judge disposing of

W.P.Nos.5791 and 15691 of 2021. The present appeal arises from

W.P.No.5791 of 2021 wherein, the appellant/writ petitioner has

challenged an order dated 03.02.2021 passed by the respondent

No.5/Panchayat Secretary rejecting his representation dated

27.02.2021 alleging encroachment of public road by the private

respondents Nos.6 and 7 and for restraining them from undertaking

construction at H.No.1-23/2, 1-23/3 of Venkatapur Village, Kohir

Mandal, Sanga Reddy District.

2. The learned Single Judge has noticed order dated 03.03.2021

passed by the respondent No.5/Panchayat Secretary wherein, it has

been clearly observed that there is no encroachment on public road, as

alleged by the appellant/writ petitioner and the construction being

carried by the private respondents No.6 and 7 is after obtaining proper

permission from the Department. As a result, the writ petition has

been dismissed. Aggrieved by the aforesaid order, the appellant/writ

petitioner has filed the present appeal.

3. Learned counsel for the appellant asserts that the private

respondents No.6 and 7, who are neighbours of the appellant have

encroached upon a public road and if they are permitted to complete

the construction undertaken by them, the access of the appellant/writ

petitioner to his premises will be blocked.

4. Having perused the photographs filed by the appellant/writ

petitioner with the present appeal, we are prima facie of the view that

there does not appear any obstruction to the ingress and egress of the

public on the road in question.

5. At this stage, learned counsel for the appellant/writ petitioner

states that he may be permitted to withdraw the present appeal while

reserving the right of his client to invoke civil remedies against the

private respondents No.6 and 7.

6. Leave, as prayed for, is granted. The present appeal is

dismissed as withdrawn along with the pending applications, if any.

_________________ HIMA KOHLI, CJ

______________________ B.VIJAYSEN REDDY, J

30.07.2021 Lrkm/Pln

W.A.No.313 OF 2021 Page 2 of2