Maddikunta Veerender v. The Telangana State Housing Corporation

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.18094 of 2019 ORDER:

This writ petition is disposed of at the stage of admission with the consent of both the parties.

2.

The writ petition is filed seeking a Writ of Mandamus, declaring the action of respondents in making construction of double bed room houses in part of the land of the petitioner in an extent of Ac.4.02 guntas in Sy.No.11 of Puttaguda village of Jinnaram Mandal in Sangareddy District without following due process of law, as arbitrary, illegal and contrary to the orders in W.P.No.6122 of 2017, dated 22.02.2017, and sought a consequential direction directing the respondents not to make any constructions in the aforesaid land of the petitioner. 3.

Heard Sri P.V.Subramanyam, counsel appearing for petitioner and G.P. for Revenue, appearing for respondents 4 to 6. 4.

It has been contended by the petitioner that he is the owner of land to an extent of Ac.4.02 guntas in Sy.No.11 of Puttaguda village of Jinnaram Mandal in Sangareddy District, but the very same land is being claimed as Government land by the Tahsildar, Jinnaram Mandal, who has filed a revision before the Joint Collector and the same is pending adjudication. It is contended that this Court in the order dated 22.02.2017 passed in W.P.No.6122 of 2017, directed the Joint Collector not to allot land to any third parties, but contrary to the orders passed by this Court, the 1st respondent is making constructions in the land of the

AKS, J W.P.No.18094 of 2019 petitioner. He contended that appropriate orders be passed in the writ petition directing the respondents not to make any constructions in the land of the petitioner in an extent of Ac.4.02 guntas in Sy.No.11 of Puttaguda village of Jinnaram Mandal in Sangareddy District. 5.

The learned Government Pleader for Revenue has contended that the 1st respondent was allotted land in Sy.No.5 of Puttaguda village of Jinnaram Mandal in Sangareddy District, but no allotment was made in Sy.No.11 of the said village, as contended by the petitioner. 6.

This Court, having considered the rival submissions made by the parties, is of the considered view that this writ petition can be disposed of directing that the 1st respondent shall not undertake any construction activity in the land in Sy.No.11 of Puttaguda village of Jinnaram Mandal in Sangareddy District, until the revision is adjudicated by the Joint Collector.

7.

With the above direction, the writ petition is disposed of. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed. ______________________________ ABHINAND KUMAR SHAVILI, J 26th September 2019 ajr