Thota Veeraiah, v. The State Of Telangana,
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 1766 of 2019 O R D E R:
In this writ petition, petitioners seek to declare the action of the respondents in not considering their representation, dated 21.01.2019, as illegal and arbitrary.
A perusal of the aforesaid representation discloses that the petitioners prayed for cancellation of layout No.2/97, dated 26.06.1997, obtained by one Smt.Thotta Muthamma W/o. Thotta Ram Murthy in respect of land admeasuring 1.38 guntas in Survey Nos.168, 169 and 170 of Mahabubabad Village and Revenue Mandal, Mahabubabad District.
From the above, it is evident that the layout was granted in 1997. Though the petitioners filed this writ petition seeking an innocuous prayer for issuance of direction to the respondents to dispose of their representation said to have been submitted on 21.01.2019, the writ petition is liable to be dismissed on the ground that the petitioners have not chosen to implead the party, who is likely to be affected with respect to the direction with which they are seeking. Apart from that, this Court can take judicial note of the fact that the alleged representation is submitted on 21.01.2019 and the petitioners expected the respondents to take action thereon, but within six days, they filed this writ petition
complaining inaction on the part of the respondent authorities in not disposing of their representation. Therefore, it is nothing but an abuse of process of the Court.
Hence, the writ petition is dismissed. However, this order shall not be construed as this Court expressed any opinion with respect to the allegations of the petitioners. As it is the assertion of the petitioners that the private respondents are encroaching into their property, they shall be at liberty to avail the remedies before the civil Court.
Miscellaneous petitions, if any, pending in this writ petition shall also stand dismissed. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:01.02.2019 kdl