The State Of Telangana vs M/S. V.R. Constructions
2022 Latest Caselaw 5230 Tel

       THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                       AND
        THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY


               WRIT APPEAL No.672 of 2022

JUDGMENT:     (Per the Hon'ble the Chief Justice Ujjal Bhuyan)



      Heard Mr. T.Srikanth Reddy, learned Government

Pleader for Revenue appearing for the appellants.


2.    Appellants before us are State of Telangana and its

officials.


3.    This writ appeal has been preferred against the ad

interim order dated 13.09.2022 passed by the learned

Single Judge in W.P.No.35682 of 2022 filed by respondents

No.1 and 2.

4. Respondents No.1 and 2 have filed the related writ

petition taking exception to the action initiated by the

Tahsildar, Serilingampally Mandal, Ranga Reddy District,

in passing order under Section 6 of the Telangana Land

Encroachment Act, 1905 in respect of the subject property

i.e., land admeasuring 133 square yards out of 845 square

yards in Survey No.149 (part) situated at Chandanagar

Village, Serilingampally Mandal, Ranga Reddy District, on

the alleged ground that such land was Government land.

Learned Single Judge while issuing notice before admission

vide the order dated 13.09.2022 granted interim

suspension as prayed for by respondents No.1 and 2 with

further direction to the appellants not to interfere with the

subject property in any manner and on the construction

being carried out thereon until further orders. Order dated

13.09.2022 reads as under:

"Notice before admission.

Learned Assistant Government Pleader for Revenue takes notice on behalf of the respondents and seeks time for filing counter.

A perusal of the impugned order, dated 08.09.2022 shows that notice under Section 7 of the Telangana State Land Encroachment Act, 1905 was not served on the petitioners, but the same was pasted on the wall adjacent to the alleged encroached portion of the land. The impugned order came to be passed without giving any opportunity to the petitioners directing the petitioners to vacate the property within three (3) days from the date of receipt of said order.

According to learned counsel for the petitioners, the said order was served on the

petitioners on 12.09.2022 and respondent Nos.5 and 6 have started demolishing the structures existing in the subject property without even waiting for three days time mentioned in the notice.

In the circumstances, there shall be interim suspension, as prayed for. It is further directed that respondent Nos.2 to 6 shall not interfere with the subject property in any manner and the construction thereon, until further orders.

Learned Assistant Government Pleader for Revenue shall communicate this order to the respondents forthwith.

Post on 18.10.2022."

5. Being an ad interim interlocutory order, we are not

inclined to entertain the writ appeal. However, appellants

would be at liberty to move an application before the

learned Single Judge to consider modification of the

aforesaid order. If such an application is filed, learned

Single Judge may consider the same in accordance with

law. We make it clear that we have not expressed any

opinion on merit and it is entirely for the learned Single

Judge to pass appropriate order.

6. Subject to the above, the writ appeal is dismissed.

Miscellaneous applications pending, if any, shall

stand closed. However, there shall be no order as to costs.

______________________________________ UJJAL BHUYAN, CJ

______________________________________ C.V.BHASKAR REDDY, J 20.10.2022 vs