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High Court for State of TelanganaWP/6888/2019closed no costs

Ssri Sant Ravidas Navyuvak Sangh (Mochi v. The Principal Secretary(Municipal Administration),

2019-04-02Challa Kodanda Ram1 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM W.P.No.6888 of 2019

ORDER

This writ petition is filed seeking to declare the action of respondents 2 and 3 in not taking action against respondents 5 and 6 in erecting the iron staircases in the common way/public road leading to the temple of the petitioner on the northern side of the property bearing No.15-7-14/1, Kolsawadi Begum Bazaar, Hyderabad, as illegal and arbitrary.

2.

Since the allegations in the writ petition are with respect to the alleged constructions made by respondents 5 and 6, which essentially is a disputed question of fact and law, an adequate civil remedy is available to the petitioners. Therefore, this Court is not inclined to entertain the writ petition.

3.

Accordingly, the Writ Petition is closed, leaving it open to the petitioners to avail the remedies as available under law to assert their easementary right. No order as to costs. 4.

Miscellaneous petitions, if any pending in this writ petition, shall stand closed.

_______________________ CHALLA KODANDA RAM, J 2nd April, 2019 sj