P. Venkateshwara Reddy v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY WRIT APPEAL No.799 OF 2019 25.10.2019 Between:

P. Venkateshwara Reddy ... Appellant and The State of Telangana and others

...Respondents

Counsel for the appellant : Mr. Srinivasa Murthy Chidella Counsel for the respondents: GP for Revenue The Court made the following:

JUDGMENT: (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) The appellant has challenged the legality of the order dated 22.08.2019, passed by a learned Single Judge in W.P.No.17966 of 2019, whereby the learned Single Judge has dismissed the writ petition filed by the appellant, wherein he had sought the relief that the inaction on the part of the respondents in considering his objection should be declared as illegal, arbitrary and unjustified, and the respondents should be directed to reject the final lay out of the respondent No.5 in respect of land covered by Survey No.327/Paiki (old) situated at Shaikpet, Hyderabad.

Mr Srinivasa Murthy Chidella, the learned counsel for the appellant, submits that since there is a likelihood of the respondent No.2 in approving the lay out submitted by the respondent No.5, and since Survey No.327/Paiki (old) does not even exist, the learned Single Judge was unjustified in dismissing the writ petition. Heard the learned counsel for the appellant and perused the impugned order.

A bare perusal of the impugned order clearly reveals that the learned Single Judge has noticed the fact that till the submission of the writ petition, there was no order passed by the respondent No.2 approving the lay out submitted by the respondent No.5. Therefore, the writ petition was based entirely on surmises and conjectures and misplaced apprehensions that the lay out may be approved by the respondent No.2. Hence, the learned Single Judge was justified in dismissing the writ petition filed by the appellant. For the reasons stated above, this Court does not find any illegality or perversity in the impugned order. This writ appeal, being devoid of any merit, is hereby dismissed. There shall be no order as to costs.

The miscellaneous petitions pending, if any, shall stand closed. _____________________________ RAGHVENDRA SINGH CHAUHAN, CJ ____________________ A. ABHISHEK REDDY, J 25th October, 2019 JSU

High Court for the State of Telangana THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY WRIT APPEAL No.799 OF 2019 (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) Date: 25.10.2019 JSU