Basupally Krishnaveni And 2 ... vs State Of Telangana And 5 Others
2021 Latest Caselaw 2901 Tel

      The Hon'ble The Chief Justice Satish Chandra Sharma
                                            and
              The Hon'ble Sri Justice A. Rajasheker Reddy

                           Writ Appeal No.531 of 2021

Judgment: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)

        The present Appeal arises out of order dated 18.08.2021,

passed by the learned Single Judge in W.P.No.531 of 2021.

2.      The contention of the appellants/writ petitioners is that

respondent No.6 has constructed a road over the property belonging

to them, which is a private property and on account of construction

of road, certain water channels have been closed. The learned Single

Judge has dismissed the writ petition on the ground that there is a

civil suit viz., O.S.No.241 of 2020 pending between the family

members of respondent No.6 in respect of the same land.

3. In the considered opinion of this Court, once the appellants

have made a categorical statement before this Court that their private

land is being encroached by respondent No.6, they do have a remedy

of filing a civil suit along with appropriate application for grant of

injunction.

4. Resultantly, the appeal is dismissed with liberty to the

appellants to file a civil suit along with appropriate application for

grant of injunction. It is needless to mention that the observations

made in this Appeal and the observations made by the learned Single

Judge will not come in the way of the parties and the civil suit shall be decided on merits keeping in view the evidence adduced

by the parties in the suit. Consequently, Interlocutory Applications,

pending if any, stand disposed of.

_______________________ Satish Chandra Sharma, CJ

____________________ A. Rajasheker Reddy, J 18.10.2021 lur