Mohammed Kaiser vs The State Of Telangana
2023 Latest Caselaw 3270 Tel

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

                WRIT APPEAL No.1016 of 2023

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


       Mr. J. Prabhakar, learned Senior Counsel appears for

Mr. Y. Yugender Reddy, learned counsel for the appellant.


       Mr. S. Abhay Kumar Sagar, learned Standing Counsel

appears for respondent No.2 - Bandlaguda Jagir Municipal

Corporation, Gandipet Mandal, Ranga Reddy District, on

advance notice.


2.     With the consent of the parties, the matter is heard

finally.


3.     This intra court appeal has been filed against an order

dated 11.10.2023 passed by the learned Single Judge by which

Writ Petition No.28332 of 2023 preferred by the appellant has

been disposed of.


4.     Facts

giving rise for filing of this appeal briefly stated

are that the appellant is in possession of houses bearing CJ & NVSK, J

No.6-5-100/1, 6-5-100/2, 6-5-100/3, 6-5-100/4 and 6-5-100/5

over plot bearing Nos.100/1, 100/2, 100/3, 100/4 and 100/5

respectively, in C-Block, in Survey Nos.96/2 and 96/3, situate

at Bandlaguda Jagir Village, Gandipet Mandal, Ranga Reddy

District. The appellant approached this Court by filing Writ

Petition No.28332 of 2023 inter alia on the ground that he is

sought to be dispossessed from the property in his occupation

without any authority of law. By an order dated 11.10.2023,

learned Single Judge has disposed of aforesaid Writ Petition.

Learned Single Judge has declined to interfere with the matter

inter alia on the ground that the aforesaid Writ Petition has

been filed on the basis of mere apprehension. Learned Single

Judge has subsequently observed that in the event the

respondents initiate any action and the appellant is aggrieved,

the appellant shall be at liberty to approach this Court.

In the aforesaid factual background, this appeal has been

filed.

5. Learned Senior Counsel for the appellant submits that on

11.10.2023, the order was passed by the learned Single Judge.

CJ & NVSK, J

However, on the same day, a notice was issued to the

appellant, by which, he was directed to submit an explanation

along with documents. It is also pointed out that the aforesaid

notice could not be brought to the notice of the learned Single

Judge. It is therefore submitted that the respondent

Corporation be directed to consider the reply which has been

submitted by the appellant on 13.10.2023 and thereafter,

proceed with the matter in accordance with law.

6. Learned Standing Counsel appearing for the respondent

Corporation submits that the explanation submitted by the

appellant shall be considered and thereafter, the Corporation

shall proceed with the matter in accordance with law.

7. In view of aforesaid submissions and in the facts of the

case, it is directed that the respondent Corporation shall

consider the explanation submitted by the appellant on

13.10.2023 and thereafter, the Corporation shall proceed to

deal with the matter in accordance with law.

CJ & NVSK, J

8. Needless to state that this Court has not expressed any

opinion on the merits of the claim of the parties and it is open

for the parties to take recourse to such remedies as may be

available to them in law.

9. To the aforesaid extent, the order dated 11.10.2023

passed by the learned Single Judge in Writ Petition No.28332

of 2023 is modified.

10. Accordingly, the appeal is disposed of.

Miscellaneous applications, if any pending, shall stand

closed. There shall be no order as to costs.

___________________ ALOK ARADHE, CJ

________________________ N.V.SHRAVAN KUMAR, J 17th OCTOBER, 2023.

kvni/myk