Muddangula Pandurangaiah vs State Of Telangana
2022 Latest Caselaw 899 Tel

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

                    WRIT APPEAL No.63 of 2022

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



      The present writ appeal is arising out of order dated

07.12.2021 passed in W.P.No.31295 of 2021.

      The facts of the case reveal that the appellant/writ

petitioner has preferred a writ petition stating that he is the

absolute owner of house No.1-44 situated at Yendabetla Village,

Nagarkurnool Mandal and District. The writ petitioner has filed

certain copies of receipts in respect of the tax paid by him and

his grievance before the leaned Single Judge was that the

municipality is taking action against him and is trying to

illegally dispossess him.             The writ petitioner has earlier also

preferred a writ petition i.e., W.P.No.21996 of 2020 making a

similar prayer and the learned Single Judge by order dated

04.12.2020 directed the official respondents therein to follow

the rule of law. After disposal of the aforesaid writ petition, a

full-fledged enquiry was conducted by the authorities and came

to a conclusion that the house of the writ petitioner falls under

the FTL and buffer zone of Kesarisamudram tank and

accordingly, a notice was issued on 07.10.2011 to

vacate/remove the construction, which has been raised by

encroaching the FTL area, within seven days. Thereafter, the

writ petitioner has preferred W.P.No.31295 of 2021 stating that

the respondent Municipality is trying to illegally dispossess him.

The leaned Single Judge, as the order was passed following

principles of natural justice and fair play and there was an

encroachment over the FTL and buffer zone of Kesarisamudram

tank, has not interfered in the matter.

In the considered opinion of this Court as the matter has

been enquiry by the authorities, principles of natural justice

and fair play have been followed and the enquiry reveals that

the writ petitioner's house falls under FTL and buffer zone of the

Kesarisamudram tank, this Court does not find any reason to

interfere with the order passed by the leaned Single Judge.

Accordingly, the writ appeal is dismissed.

The miscellaneous applications pending, if any, shall

stand closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J 23.02.2022 ES