Barenkabavi Ratna Reddy And 2 Others v. The District Collector And 5 Others

DATE : 08.01.2020 Between :

Barenkabavi Ratna Reddy, S/o. late Chandra Reddy, H.No.273, Pattabhi Nagar, Ravelly, Toopran Mandal, Medak District and others.

..... Petitioners And The District Collector, Medak District, Telangana State and others.

.....Respondents The Court made the following:

- 2 - ORDER:

Heard learned counsel for the petitioners and the learned Government Pleader for Revenue appearing for respondent Nos.1 to 4 and 6.

2.

Petitioners claim to be the absolute owners and in possession of Ac.19-18 guntas of land in Survey Nos.37, 43, 44, 47, 49, 50, 51, 53, 77, 694 and 695 situated at Deveryamzal Village, Thumkunta Gram Panchayat (now Municipality), Shamirpet Mandal, Ranga Reddy District. Petitioners allege that respondent No.5 encroached into the public road and is denying access to the property belonging to them. Petitioners, therefore, complained to the respondent authorities to prevent respondent No.5 from blocking access to the property belonging to them. Alleging inaction, this Writ Petition is filed. 3.

The prayer sought in the Writ Petition is with regard to inaction of respondent Nos.1 to 4 in taking action regarding removal of illegal construction and the encroachment made by respondent No.5 on land admeasuring Ac.176-38 guntas in Survey Nos.37, 43, 44, 47, 49, 50, 51, 53, 77, 694 and 695 situated at Deveryamzal Village, Thumkunta Gram Panchayat (now Municipality), Shamirpet Mandal, Ranga Reddy District, and further, to direct them to remove the illegal construction and encroachment made by respondent No.5 in the above said survey numbers.

- 3 - 4.

In other words, the grievance of the petitioners appear to be against respondent No.5. It being a purely private dispute between private parties and the allegation is of encroachment into the land belonging to the petitioners/not allowing access to the land belonging to the petitioners by respondent No.5, the petitioners have to work out their remedies before appropriate Court and Writ remedy is not available to them. No direction to the respondent authorities can be issued to involve in private dispute and remove the alleged unauthorized constructions made by respondent No.5 and direct respondent No.5 to provide access to the properties of the petitioners.

5.

The Writ Petition is, accordingly, dismissed. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs. __________________________ JUSTICE P.NAVEEN RAO January 08, 2020.

MD

- 4 - DATE : 08.01.2020 MD