Baddula Jangaiah vs Baddula Komuraiah Golla ...
2021 Latest Caselaw 857 Tel

Item No.35

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

                          W.A.No.365 OF 2020

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

1.       The appellant is aggrieved by an order dated 29.01.2020 passed

by the learned Single Judge in W.P.No.1783 of 2020 filed by the

respondents No.1 & 2/writ petitioners praying inter alia for declaring

the notices dated 24.12.2019 issued by the Gram Panchayat as

illegal and restraining the said respondents from demolishing the

construction raised in house bearing No.1-29/5 and 1-29/6 forming

part of Sy.No.2 of Baakaram Jagir Village, Moinabad Mandal, Ranga

Reddy District or interfering with the possession thereof.

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

of the writ petition by setting aside the notices dated 24.12.2019

issued by the Gram Panchayat. At the same time, it was made clear

that in the event the respondents No.1 and 2/writ petitioners intend to

carry out any further constructions or make any additions in the

subject property, they shall first establish their title to the same.

3. Learned counsel for the appellant states that the respondents

No.1 and 2/writ petitioners failed to implead his client as a party in the

writ petition, more so when the impugned notice dated 24.12.2019

was issued on the complaint made by him. We may note that once the

learned Single Judge has restrained the respondents No.1 and 2/writ

petitioners from carrying out any further construction or making any

additions/alterations in the subject property without establishing their

title, the interest of the appellant has been fairly secured. If the

appellant has any grievance even thereafter, he is entitled to seek

appropriate legal recourse against the respondents/writ petitioners on

the basis of his allegation that they have encroached upon his land.

We therefore decline to entertain the present appeal as filed.

4. The appeal is dismissed along with the pending applications, if

any.

_________________ HIMA KOHLI, CJ

______________________ B.VIJAYSEN REDDY, J

19.03.2021 Lrkm/pln