← Library
High Court for State of TelanganaWP/35785/2015disposed of no costs

A. Pratap Rao v. The State Of Telangana,

2015-11-09Vilas V.Afzulpurkar3 pages

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.35785 of 2015 ORDER:

The petitioner's primary grievance is that respondent Nos.3 to 5 are laying a road in the land bearing Sy.Nos.101 and 102 of Band Mailaram Revenue Village, Mulugu Mandal of Medak District.

2. The petitioner states that his ancestors gave land to an extent of Ac.4.31 guntas in Sy.No.102 for the purpose of graveyard-cum-cremation purpose to the villagers and the land admeasuring Ac.4.01 guntas in Sy.No.101 has been given towards graveyard for the family member of the Jagirdar and it was accordingly, registered in the revenue records. While so, the petitioner claims that at the instance of respondent Nos.6 to 8, respondent Nos.3, 4 and 5 are proceeding to lay a road through the land under Survey Nos.101 and 102 and as such, questioning the action of the official respondents, this writ petition is filed.

3. Sri G.Narender Reddy, learned Standing Counsel appearing for respondent No.5, as well as learned Government Pleader for Revenue (Telangana) appearing for respondent Nos.1 to 4, on instructions, report that neither the Gram Panchayat nor the revenue authorities are laying any road as alleged by the petitioner.

4. In view of the said statement, it cannot be said that any of respondent Nos.1 to 5 are taking any official action for laying the road and it appears to be that respondent Nos.6 to 8 may be privately laying the road. If the petitioner is aggrieved, he has to move an appropriate civil Court for appropriate relief against private parties and the lis against private parties cannot be subject matter of the writ petition.

5. In view of the instructions of the learned Standing Counsel and the learned Government Pleader as referred to above, no further orders are passed in this writ

petition.

6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

7. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. ______________________________________ JUSTICE VILAS V.AFZULPURKAR Date: 09.11.2015 Note:- Furnish C.C. within three (3) days.

B/O AMD THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR

WRIT PETITION No.35785 of 2015 DATE: 09.11.2015 AMD