Peechara Karunakara Rao v. The State Of Telangana

THE HON' BLE SRI JUSTI CE CHALLA KODANDA RAM WRI T PETI TI ON No.18382 of 2019 ORDER:

The grievance of the petitioners is with respect to non-consideration of their representation dated 08.12.2017 complaining about the construction said to have been made by respondents 6 and 7. As per the representation, the cause of action is that when the petitioners purchased the property, 40 feet wide road was shown as boundary on the western side, and on account of the construction made by respondents 6 and 7, the road had become narrow. Heard the learned counsel for the petitioner, and learned Standing Counsel for the respondents 2 to 5, and also the learned Government Pleader for Municipal Administration.

A perusal of the representation dated 08.12.2017 indicates that the construction made by respondents 6 and 7 was in the year 2002, and the petitioners have not made any objections during the time constructions were made. Merely because a 40 feet wide road is shown as West side boundary of petitioners property in their sale deed, it does not in any way support the case of the petitioners on merits and, at any rate, if the respondents 6 and 7 made constructions in the year 2002, this is not a fit case where any order can be issued against the respondents in this writ petition. Hence, the writ petition is dismissed. However, if the petitioners have any civil rights, they shall be at liberty to approach appropriate Civil Court for redressal.

______________________________ JUSTI CE CHALLA KODANDA RAM 26th August, 2019 ksm

wp_18382_2019 CKR, J THE HON' BLE SRI JUSTI CE CHALLA KODANDA RAM WRI T PETI TI ON No.18382 of 2019 26th Aug, 2019 KSM