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High Court for State of TelanganaWP/946/2013disposed of no costs

Jetharam, v. Government Of Andhra Pradesh,

2016-10-18S.V.Bhatt3 pages

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.946 of 2013 ORDER:

The petitioners pray for the following relief :- " ......... to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents in trying to interfere with the petitioners peaceful possession and enjoyment in the plots bearing Nos.47/ 1 & 47/ 2 in Sy.Nos.155, 156, 158, 172 port, 173 and 174, land admeasuring 200 sq. yards located at Manikonda Jagir Village, Rajendra Nagar, Ranga Reddy District, without following due process of law as illegal and arbitrary ......."

On 09-01-2013 in W.P.M.P.No.1159 of 2013, the following interim direction was issued.

" Interim direction to the respondents not to dispossesses the petitioners from the properties bearing Plot Nos.47/ 1 & 47/ 2 in Survey Nos.155, 156, 158, 172 part, 173 & 174, land admeasuring 200 sq. yards located at Manikonda Jagir Village, Rajendra Nagar, R.R.District, subject to the condition that the petitioners would not make any constructions in the said land."

The same is subsisting as on date.

The counsel appearing for 3rd respondent submits that in the layout sanctioned for Sy.Nos.155, 156, 158, 172 part, 173 and 174, the subject matter of writ petition is shown as Park and permission was not granted, as the same vests with the Gram Panchayat. Admittedly, assuming that the said submission is correct, the 3rd respondent can certainly put the petitioners on notice, localise

the area approved in the layout and if the circumstances warrant passing any order on Plot Nos.47/ 1 and 47/ 2, appropriate order can be passed.

Since the interim order is subsisting from 09-01-2013, the writ petition is disposed of by making the interim order as final order. However, liberty is granted to 3rd respondent to issue notice to petitioners, receive the explanation and pass appropriate orders as are warranted in the facts and circumstances of the case. Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

______________ S.V.BHATT, J Date:18-10-2016 Prv

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.946 of 2013 Dated 18-10-2016 Prv