Burra Soundarya vs The State Of Telangana And 4 Others
2021 Latest Caselaw 1551 Tel

Item No.16
      THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                   AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY


                     WRIT APPEAL No.48 of 2020

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


1.     The appellant/writ petitioner is aggrieved by an innocuous order

dated 18.11.2019 passed by the learned Single Judge dismissing

W.P.No.25192 of 2019 wherein, her claim was to restrain the

respondent authorities from dispossessing her from the property

measuring Ac.0.02 guntas (240 square yards) in Survey Nos.218 and

219 situated at Bhupalapally Village and Mandal, Jayashankar

Bhupalapally District, without following due process of law and

without considering her application dated 27.02.2015 for

regularisation made in terms of G.O.Ms.No.59 dated 30.12.2014.

2. The learned Single Judge has taken note of the complaint made

by the Member of the Legislative Assembly relating to encroachment

of Government land and the request to the authorities to take

appropriate action and has gone on to observe that the correspondence

relied on by the appellant/writ petitioner is nothing but internal

correspondence between one Department and the other, which does

not give any cause of action to the appellant/writ petitioner. As a

consequence, the writ petition was dismissed as premature, while

giving liberty to the appellant/writ petitioner to seek her remedies, as

and when steps are taken by the competent authority to evict the

encroachers.

3. Admittedly, the appellant/writ petitioner is an encroacher on

Government land. Her only claim is that she had applied for

regularisation of the subject land, in terms of G.O.Ms.No.59 dated

30.12.2014, vide application dated 27.02.2015. The said application is

stated to be pending even as on date.

4. That being the position and in view of the fact that till date no

coercive action has been taken against the petitioner, the observation

made by the learned Single Judge in the impugned order that the writ

petition filed by the appellant/writ petitioner is devoid of cause of

action, stands validated. If the appellant/writ petitioner's application

for regularisation is turned down by the respondents in the future for

any reasons, she is at liberty to seek appropriate legal recourse at that

stage.

5. The present appeal is dismissed as meritless along with the

pending applications, if any.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J

04.06.2021 JSU/PLN