Smt Nusrath Begum vs The State Of Telangana
2025 Latest Caselaw 2288 Tel

Telangana High Court

Smt Nusrath Begum vs The State Of Telangana on 18 February, 2025

THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
                       AND
      THE HON'BLE SMT. JUSTICE RENUKA YARA

                    WRIT APPEAL No.206 of 2025

JUDGMENT (Per the Hon'ble the Acting Chief Justice Sujoy Paul):

Sri Mohammed Adnan, learned counsel for the appellant;

Sri G. Madhusudhan Reddy, learned Standing Counsel for Greater

Hyderabad Municipal Corporation, for respondent Nos.2 and 3 and Sri

Muralidhar Reddy Katram, learned Government Pleader for Revenue,

for respondent No.4.

2. Heard on admission.

3. Learned counsel for the appellant submits that the impugned

order dated 03.02.2025 passed by the learned Single Judge is

vulnerable because the appellant was using the open space in

question for quite some time and the learned Single Judge was not

justified in treating the appellant to be an encroacher and declining

the relief. It is prayed that appropriate direction should have been

issued by the learned Single Judge to provide the access to the

property in question to the appellant. In other words, it is submitted

that the easementary rights or right of ingress and egress in relation

of plot of land should have been protected by the learned Single

Judge.

4. Sounding contra note, learned counsel for the respondents

submit that it is not an admitted fact that the open space was used by

the appellant for quite some time for the said purpose.

5. In view of rival stand taken by the learned counsel for the

parties, there exists a disputed question of fact which cannot be gone

into and decided in a writ petition. Thus, we find no error so far in

not entertaining the writ petition by the learned Single Judge. In the

interest of justice, we deem it proper to reject this appeal with the

observation that the appellant can avail the remedy under the civil law

and file appropriate application for injunction/interim relief. While

deciding the civil matter, any finding given by the learned Single

Judge will not be binding on the trial Court and it shall decide the

matter on its own merits in accordance with law.

6. With aforesaid observation, this Writ Appeal is disposed of.

No costs.

Interlocutory applications, if any pending, shall also stand

closed.

___________________ SUJOY PAUL, ACJ

____________________ RENUKA YARA, J

Date: 18.02.2025 Myk/Tsr

THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL

AND

THE HON'BLE SMT. JUSTICE RENUKA YARA

(Per the Hon'ble the Acting Chief Justice Sujoy Paul)

Date: 18.02.2025

myk/tsr