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High Court for State of TelanganaWP/17004/2016dismissed no costs

Kayyam Balaraju, v. The State Of Telangana

2016-08-27A.Rajasheker Reddy4 pages

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.17004 OF 2016 ORDER :

This writ petition is filed seeking writ of mandamus declaring the inaction of the respondents making the constructions of 2 bed houses the land in Sy.No.608/F, H, I situated at Chinna Mulkanoor Village, Chiguru Mamidi Mandal, Karimnagar District by dispossessing the petitioner as illegal and arbitrary and consequently to direct the respondents not to make constructions of 2 bed room houses in Sy.No.608/F,H, I situated at Chinna Mulkanoor Village, Chigiru Mamidi Mandal, Karimnagar district.

This Court granted orders of status quo on 03.06.2016. Now, counter affidavit is filed by the 4th respondent stating that the constructions are being taken up in the land pertaining to the beneficiaries and not in the land of the petitioner.

In view of the averment in the 4th paragraph of the counter affidavit, I do not see any reason to continue the status quo orders granted on 03.06.2016. More over, no reply is filed to the counter affidavit of the 4th respondent by the petitioner. However, disputed questions of fact cannot be decided in the writ petition.

Accordingly, the writ petition is dismissed. If petitioner is having any grievance, he can avail alternate remedy of filing suit and obtain orders. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition, shall stands dismissed. ____________________________ A.RAJASHEKER REDDY, J 27.08.2016 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.17004 OF 2016 Date: 27.08.2016 kvs