K. Rama Chary vs The State Of Telangana
2021 Latest Caselaw 864 Tel

Item No.10


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


                     WRIT APPEAL No.596 of 2020

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


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

10.12.2020 passed by the learned Single Judge dismissing

W.P.No.21934 of 2020 filed by him challenging the order dated

12.11.2020, passed by the respondent No.3 under Section 6 of the

Land Encroachment Act, 1905.

2. The plea taken by the learned counsel for the appellant/writ

petitioner before the learned Single Judge was that he is the owner and

in possession of House No.5-536/4/A on Plot No.536/4/A

admeasuring 200 square yards or 168 square metres, in Survey

No.150 situated at Deepthi Sree Nagar Colony, Hafeezpet Village,

Serilingampally Mandal, Ranga Reddy District, having purchased the

same vide a registered sale deed dated 16.12.2016. The appellant/writ

petitioner further stated that he was raising construction on the said

plot after obtaining necessary permissions from the civic authority and

had to file a suit (O.S.No.320 of 2019) for perpetual injunction against

the Tahsildar and two others before the learned XV Additional

District Judge, Ranga Reddy District at Kukatpally on the plea that the

defendants in the said suit were interfering in his peaceful possession.

In the meantime, an order came to be passed by the respondent No.3

directing that possession of the subject land be taken over and the

construction raised thereon be demolished.

3. The stand taken by the respondents before the learned Single

Judge was that the subject land is a Government land and the order

dated 12.11.2020 was passed after complying with the requirements

of law. Noting that there was a disputed question as to whether the

subject land situated in Survey No.150 is a private land or a

Government land which could only be adjudicated in a civil court, the

writ petition was dismissed with liberty granted to the appellant/writ

petitioner to challenge the order dated 12.11.2020 by filing an appeal

before the appellate authority. Aggrieved by the said order, the

present appeal has been filed.

4. Learned counsel for the appellant/writ petitioner submits that

the learned Single Judge has erred in relegating the appellant/writ

petitioner to avail of the remedy before the appellate authority,

particularly since the revenue Courts are not functioning due to

digitization of the revenue records and the appellant/writ petitioner

had tried to prefer the appeal before the District Collector, Ranga

Reddy District, but the said appeal was not received for the said

reason.

5. We decline to interfere in the impugned order for the reason

that much water has flown under the bridge ever since then. The

appellant/writ petitioner is well entitled to approach the learned

appellate authority with an appeal which would be considered and

adjudicated upon in accordance with law.

6. Learned Government Pleader for Revenue submits that in the

event the appellant/writ petitioner files an appeal against the

proceedings initiated by the respondent No.3, no objection regarding

maintainability shall be raised on the ground of limitation.

7. The appellant/writ petitioner is permitted to file an appeal

within a period of four weeks from today along with an application for

stay. Till the interim application for stay moved by the appellant/writ

petitioner is taken up by the appellate authority, parties shall maintain

status quo in respect of the subject land, as on date.

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

applications, if any.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J

19.03.2021 Vs/pln