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High Court for State of TelanganaCC/1706/2015closed no costs

Manchireddy Mahipal Reddy, v. Mr. Anil Kumar,

2019-03-05A.Rajasheker Reddy4 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY CONTEMPT CASE No.1706 of 2015 ORDER:

This Contempt Case is filed alleging violation of orders passed by this Court in WP.No.8193 of 2015, dated 26-03-2015, wherein and whereby this Court directed the respondents not to interfere with the lands of the petitioner in Survey Nos 540 and 562, situated at Eliminedu Village, Ibhrahimpatnam Mandal, Ranga Reddy District.

In the counter affidavit filed by respondent No.2, it is stated that there is an existing road leading from Eliminedu Village to Madhapur Village in the village map and the same is not passing through petitioner's land. The patta lands claimed by the petitioner is situated in Sy.Nos 540 and 562 are existing on one side of the road and the other side, other pattadar's part of the land was already acquired for weaker section housing long back and the same is existing as per Village map. As per the Village map (Grama Naksha), the road is passing through from the Government land and the same was shown in the village map and it is not passing through patta lands of the petitioner. Therefore, the allegation that the road laid by the respondents is not correct and the same is denied.

However, if any expansion of the road or repair work of the road would be taken, the same will be under the control of the Panchayath Raj Department and this respondent is nothing to do with the formation of the road. It is also stated that it is found on enquiry that Panchayat Raj Department officials have laid the C.C. road on the existing road and edges of the road have been covered with the gravel to strengthen the C.C. road.

petitioner with a malafide intention, taking advantage of public road passing adjacent to the lands situated in Sy.No.540 and 562, instead of approaching the surveyor for fixation of boundaries to the above said land, is claiming compensation as if the road is laid recently through petitioner's land. It is also stated that neither the 2nd respondent nor his officials interfered with the possession of the petitioner over the subject land. Infact, this respondent is nothing to do with the formation of road or its repair work. No reply affidavit is filed disputing the same. Village map is also enclosed along with counter affidavit. In view of the same, I do not see any violation of orders passed by this Court.

Accordingly, the Contempt Case is closed. As a sequel to the disposal of this case, miscellaneous applications, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 05-03-2019 Nvl