M. Aditya Vardhan Reddy v. The State Of Telangana

HONOURABLE SRI JUSTICE P.NAVEEN RAO Between:

M.Aditya Vardhan Reddy, s/o. late Karunakar Reddy, Aged 22 years, occu: Student, r/o. H.No.1-5-25, Saradhi Nagar, Khammam town and district and others.

.....Petitioners and The State of Telangana, rep.by its Prl.Secretary, (Municipal Administration) Secretariat, Hyderabad and others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

Writ Petition is filed praying to 'declare the action of respondents 2 to 4 in trying to grant construction and sanction of permission, layout' in respect of land of the petitioners admeasuring Ac.1.05 guntas in Sy.No.313/E on an extent of Ac.0.30 guntas, and further extent of Ac.0.15 guntas in Sy.No.313/A, Yedulapuram village, Khammam Rural Mandal, Khammam district. The facts as averred in the affidavit filed in support of the Writ Petition would disclose that on the earlier occasion, on the allegation of 6th respondent interfering with their possession, petitioner and his mother filed O.S.No.709 of 2018 praying to grant perpetual injunction against the defendant therein in the Court of Principal Junior Civil Judge, at Khammam, to an extent of Ac.0.30 guntas in Sy.No.313 of Yedulapuram Revenue village and said suit is pending consideration. According to the learned counsel for petitioners, I.A. filed to grant injunction is pending for consideration by the trial Court and the matter stands posted to 13.06.2019.

2.

It appears from the reading of the averments in the affidavit filed in support of the Writ Petition, there is inter se dispute on subject property, and petitioners have rightly availed the civil law remedy and the said suit is pending consideration. At this stage, on an apprehension that respondent authorities are likely to grant permission, this Writ Petition is filed. Only on an apprehension and since civil litigation is pending, Court is not inclined to entertain the Writ Petition and is accordingly dismissed leaving it

open to petitioners to prosecute the pending suit. Pending miscellaneous petitions shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO kkm