WA/2096/2004 of Smt. Anees Sulana, Vs The City Planner, on 28 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

TUESDAY, THE TWENTY EIGTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE SRI DEVINDER GUPTA,THE CHIEF JUSTICE

and

THE HON'BLE MR JUSTICE M.NARAYANA REDDY

WRIT APPEAL NO : 2096 of 2004

(Writ Appeal under Clause 15 of the Letters Patent against the Order dated02/11/2004 in WP NO : 19949 OF 2004 on the file of the High Court.)

Between:

Smt. Anees SulTana, W/o Md. Yousuf,R/o H.No. 12-5-35/C/14/1, Dr. Ambedkarnagar, Vijayapuri, Taranaka,Secunderabad.

..... APPELLANT

AND

1 The City Planner, Municipal Corporation of Hyderabad, Secunderabad Division, Secunderabad.

2 Yadagiri

R/o South side of Petitioners, H.No. 12-5-35/C/14/1, Dr.

Ambedkarnagar, Vijayapuri, Tarnaka, Secunderabad.

Counsel for the Appellant:SMT.S.V.INDIRACounsel for the Respondent No.1: SMT.G.JYOTHI KIRANCounsel for the Respondent No.2: None appeared.

The Court made the following :

.....RESPONDENTS

ORAL ORDER: (per the Hon’ble the Chief Justice)

There is nothing wrong in the order of learned single Judge dismissing thewrit petition on the ground that the petitioner has chosen a wrong forum for redressalof her grievance. Grievance of the petitioner-appellant is that her property has beenencroached upon by the second respondent and the first respondent, despiterepresentation, has not taken any action on such representation. In case anyencroachment has been made on the appellant’s property, it will be for the appellantto invoke the jurisdiction of the civil court and not to file writ petition and moreover,respondent No.1 is not an authority having any jurisdiction to remove illegalencroachments from private properties.

Appeal dismissed.

___________________

DEVINDER GUPTA, CJ

28-12-2004

_____________________

M.NARAYANA REDDY, J

tvr

To

1 The City Planner, Municipal Corporation of Hyderabad, Secunderabad Division, Secunderabad. Secunderabad Division, Secunderabad.

2 2 CD copies.