Smt.V. Vanitha Devi vs The State Of Telangana And 2 Others
2021 Latest Caselaw 868 Tel

Item No.28
        THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                   AND
        THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY


                          W.A.No.278 of 2020

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


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

dated    13.07.2020    passed     by   the   learned   Single     Judge   in

I.A.No.1 of 2020 moved by her in W.P.No.10221 of 2020 praying

inter    alia    for    issuing    directions     to       the   respondents

No.2 and 3/corporation not to interfere in the residential

accommodation owned by her on land measuring 222 square yards.

2. While noting the submission made by learned counsel for the

respondents No.2 and 3/corporation that the appellant/writ petitioner

has raised construction on land beyond 222 square yards to the extent

of 420 square yards and they have taken steps to demolish the said

construction by virtue of a notice dated 01.07.2020, the learned Single

Judge has stayed the demolition order to the extent of the construction

raised on 222 square yards owned by the appellant/writ petitioner

while keeping it open for the respondents No.2 and 3/corporation to

take action in respect of the construction made in excess of 222 square

yards. At the same time, liberty was granted to the appellant/writ

petitioner to submit a representation for regularisation of the

deviations to the municipal plan for the consideration of the

Department.

3. Learned counsel for the appellant/writ petitioner states that as

there is a dispute with regard to the dimensions of the subject plot,

which has been purchased by the appellant/writ petitioner, he may be

permitted to withdraw the present appeal while reserving the right of

the appellant/writ petitioner to seek appropriate civil remedy to

establish the said dimensions of the plot, by impleading necessary

parties thereon.

4. Leave, as prayed for, is granted. The present appeal is disposed

of as not pressed along with the pending applications, if any.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J

19.03.2021 JSU/pln