Telangana High Court

WP/7174/2022 of Imtiyaz Ali Hashmi and another Vs The State of Telangana and 8 others on 29 December 2022

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SRI JUSTICE K.SARATH WRIT PETITION No. 7174 of 2022 ORDER: This writ petition is filed for the following relief: “.......to issue an appropriate writ, order of direction, more particularly one in nature of Writ of Mandamus declaring the action of the Respondents more particularly

THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No. 7174 of 2022

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ORDER:

This writ petition is filed for the following relief:

“.......to issue an appropriate writ, order of direction, more particularly one in nature of Writ of Mandamus declaring the action of the Respondents more particularly that of the Respondent Nos.4 to 9 in encroaching Ac.0-25., out of Ac.1.24 Gts., of the subject land by raising a compound wall and thereby blocking the petitioner access to Ac.0.39 Gts., in Sy.No.688 which has the effect of dispossession without any prior notice and contrary to the conditions of registered Gift Deed dated 14.12.1987, is challenged in this Writ Petition as being arbitrary, illegal and voilative of Articles 14, 19 (1)(g), 21 and 300-A of the Constitution of India”

2. Heard the Learned Counsel appearing for the for the petitioners and Learned Government Pleader for Revenue, appearing for the respondent Nos.1 to 3, Learned Government Pleader for Transport, appearing for the respondent No.5, Sri A.Srinivas Reddy, Learned Standing Counsel for TSRTC, appearing for the respondent Nos.6 to 9. With their consent, the Writ Petition is disposed of at the stage of admission itself.

3. The learned Counsel appearing for the respondents, basing on the counter filed by them, submitted that thecorporation has not encroached the petitioners’ land. The TSRTC has constructed the Compound Wall in its land in Sy.No.688 & 1207 to prevent the encroachments. The Learned counsel for the respondents further submitted that the land Ac.1.00 in Sy.No.688 has been donated to the Corporation through registered gift deed and the Telangana Corporation is in possession of the land covered by Gift Deed lands.

4. In view of the submissions made by the Respondents’ Corporation, the cause does not survive in this writ petition and no further orders required in this matter. If the respondents tries to interfere with the possession of the property of petitioners, the petitioners can initiate legal remedies available to them.

5. Accordingly, with the above direction, the Writ Petition is disposed of. No order as to costs.

6. Miscellaneous applications, if any, shall stand closed.

_____________________

JUSTICE K.SARATH

Date:29.12.2022

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