Amuda Balraj v. The State Of Telangana

THE HONOURABLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.22856 of 2019 ORDER:

This writ petition is filed aggrieved by the action of respondent Nos.2 to 4 in not causing enquiries into the illegal sanction/permission granted to the 7th respondent for construction of building over petitioner's ancestral land admeasuring 1590 sq. yards abutting and forming part of Sri Laxmi Narayana Tank, covering Survey No.1278 of Edulabad Vilalge, Ghatkesar Mandal.

2.

Learned counsel for the petitioner submits that the 5th respondent issued permission letter, dated 30.08.2017, to the 7th respondent granting permission to construct building, without any basis and without any documents. He further submits that the petitioner is in longstanding possession on the said property. 3.

On the other hand, Sri G.Narender Reddy, learned Standing Counsel for respondent Nos.5 and 6 submits that the petitioner has alternate remedy under Section 121 of the Telangana Panchayat Raj Act, 2018 (for short, 'the Act').

4.

Learned counsel for the petitioner submits that Edulabad Villager's Welfare Association made an application before the District Collector, Malkajgiri District, on 07.02.2018, in this regard and the same is not being disposed of till today.

5.

In this case, it is to be seen that as per Section 121 of the Act, the petitioner has alternate effective remedy and it is open for the petitioner to avail the same.

6.

In view of the same, without expression any opinion on merits, the writ petition is disposed of granting liberty to avail alternate remedy.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

__________________________ A. RAJASHEKER REDDY, J 28th October 2019 mar