Sri N. Jeevan Rao, v. The State Of Telangana, Rep. By Its Principal Secretary,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.20500 of 2016 ORDER:

The case of the petitioner is that his father was the owner, pattadar and possessor of agricultural land admeasuring Ac.0-17 guntas in Survey No.602/1 situated at Poodur Village, Medchal Mandal, Ranga Reddy District and after laying bypass road through the land from Medchal to Shameerpet, when some people were tried to grab small portion of the land in Sy.No.602/1, the petitioner constructed temporary shops in the land. When the 4th respondent came to the spot on 04-06-2016 and 05-06-2016 criminally trespassed into his land and demolished. The same was brought to the notice of 1st respondent. As no action has been taken, the present writ petition is filed not to interfere with the possession of the petitioner's land in Sy.No.602/1 without following due process.

Counter affidavit is filed by the 2nd respondent stating that since A.C. sheds are between BT road and compound wall of land in question, i.e. within in R& B road boundary. The field officers have objected and requested to remove the sheds. In response, the petitioner has removed the A.C. sheets and kept iron

frame as it is. The R&B field officers have neither trespassed in to the petitioner's land nor demolished the temporary shops erected by the petitioner. The petitioner himself has removed A.C. sheets and kept iron frame. The Grampanchayat also informed that permission was not accorded for raising temporary shed and have assured to remove the frames erected by the petitioner. In view of the same, sought for dismissal of the writ petition.

Heard both sides.

Since the 2nd respondent clearly disputed the locus of the petitioner and stated that the petitioner is making constructions within R& B road, the said aspect cannot be decided in the writ petition. These disputed questions of fact cannot be decided in writ petition.

Accordingly, the writ petition is dismissed. It is open for the petitioner to avail alternative remedies available under law. As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 29-08-2016 Nvl