I.E.S. Ileshwar v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.4941 of 2018 ORDER:

The petitioner claims to be the absolute owner and possessor of open Plot No.108 in Survey Nos.110, 112, 113, 114, 115, 117/1 and 117/2 admeasuring 410 square yards situated at Shirdi Saibaba Colony, Balanagar, Hyderabad, by virtue of registered gift settlement deed dated 30.07.2011 executed by one Smt.E.S.Kamala, who is his mother. It is his case that the entire colony area was not properly demarcated and the fourth respondent is trying to encroach into the colony area by creating hardship to the residents of the colony. The petitioner states that he submitted several representations to the second respondent to direct the third respondent to demarcate the entire area in order to prevent antisocial elements from interfering with the colony land.

The colony association also submitted a representation to the Assistant Commissioner of Police, Balanagar, on 08.02.2018 against the fourth respondent and the same is pending. The present Writ Petition is filed challenging the action of respondent Nos.2 and 3 in not taking any steps for demarcating the subject land belonging to the petitioner.

The petitioner mixed up his personal case along with the case of colony residents and as could be seen from the averments, the grievance of the petitioner is that his land of an extent of 410 square yards situated in Plot No.108 is being

interfered by the fourth respondent. There is a vague allegation against the fourth respondent and there is no specific averment whether the fourth respondent in fact occupied the land or not. Be that as it may, since the entire allegations are against the fourth respondent, it is open to the petitioner to avail appropriate remedies in the Civil Court in accordance with law and the Writ Petition cannot be entertained for the present grievance.

The Writ Petition is, accordingly, dismissed. The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs. ________________________________ (A.RAMALINGESWARA RAO, J) 16.02.2018 vs