Mr. Poshamoni Mallaiah vs The State Of Telangana
2022 Latest Caselaw 749 Tel

   THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                             AND
        THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                         WRIT APPEAL No.381 of 2021

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

        The present writ appeal is arising out of the order dated

09.07.2021 passed by the learned Single Judge in W.P.No.6519 of

2020.

        The      undisputed          facts     of    the     case     reveal   that   the

appellant/writ petitioner and the private respondents are relatives

and the writ petition was filed by the appellant/writ petitioner

stating that the private respondents are carrying out construction

activities by encroaching some other land. Gram Panchayat was

also made a respondent. However, the learned Single Judge has

arrived at a conclusion that it is a civil dispute and the appropriate

remedy is to file a civil suit claiming the relief.

In the considered opinion of this Court, the dispute in

question, which is between the members of the same family, can

certainly be looked into in a civil suit where the trial court, after

the evidence is adduced by the parties, shall certainly be able to

arrive at a proper conclusion. In exercise of appellate jurisdiction,

this Court does not find any reason to interfere with the order

passed by the learned Single Judge.

Resultantly, the writ appeal stands disposed of with a liberty

to file a civil suit or to take recourse to other remedies available

under the law. The appellant/writ petitioner shall also be free to

approach the Gram Panchayat afresh in the matter.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J

17.02.2022 JSU