The Hyderabad Institute Of ... vs State Of Telangana
2023 Latest Caselaw 4115 Tel

     THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                        AND
     THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR

                 WRIT APPEAL No.1082 OF 2023

JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)

        Mr.    K.S.S.K.V.      Raghava      Reddy,      learned   counsel,

representing Mr. D. Narendar Naik, learned counsel for the

appellants.

        Ms. Lakshmi Kanakavalli, learned Assistant Government

Pleader for Municipal Administration and Urban Development

representing respondent No.1.

        Mr. K. Siddharth Rao, learned Standing Counsel for

respondent     No.2-Greater      Hyderabad       Municipal    Corporation

(GHMC).

        Mr. Ajay Kumar Kulkarni, learned counsel for respondent

No.3.

2.      Heard on the question of admission.

3.      This intra Court appeal has been filed against the order dated

11.09.2023 by which Writ Petition No.25106 of 2023 preferred by
                                   ::2::




the appellants has been dismissed with liberty to the appellants to

file a civil suit.

4.     Facts

giving rise to filing of this writ appeal, briefly stated,

are that admittedly the appellants had taken on lease the premises

belonging to respondent No.3. It is also not in dispute that the

aforesaid lease expired in the month of January, 2023. After expiry

of the lease, the appellants started making complaint to the GHMC

that illegal construction has been made on the land belonging to

the appellants, by respondent No.3 and therefore the same be

demolished. The appellants thereupon filed writ petition viz.,

W.P.No.20242 of 2021, which is pending. Thereafter, the

appellants filed a petition seeking a direction to the GHMC to take

action for demolition of the construction raised by respondent

No.3. The GHMC failed to respond to the aforesaid complaint.

The appellants thereupon filed the instant writ petition which has

been disposed of with liberty to the appellants to file a civil suit.

5. The grievance of the appellants, as is discernable from the

pleadings, is that respondent No.3 has encroached on the land

belonging to them and has raised illegal construction. The issue ::3::

with regard to encroachment cannot be decided by the GHMC

under Section 452 of the Greater Hyderabad Municipal

Corporation Act, 1955. The learned Single Judge has therefore

rightly relegated the appellants to the remedy of civil suit.

6. For the aforementioned reasons, we do not find any ground

to differ with the conclusion arrived at by the learned Single Judge.

7. In the result, the writ appeal fails and is hereby dismissed.

There shall be no order as to costs.

As a sequel, miscellaneous petitions, pending if any, stand

closed.

__________________ ALOK ARADHE, CJ

________________________ N.V.SHRAVAN KUMAR, J Date:18.11.2023 Lrkm