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High Court for State of TelanganaWP/38195/2015disposed of no costs

M.Subhas Chandra Bose, v. State Of Telangana,

2015-11-25M.S.Ramachandra Rao3 pages

HON'BLE SRI JUSTICE M.S. RAMACHANDRA RAO WRIT PETITION No.38195 of 2015 O R D E R :

In this writ petition, the petitioners allege that respondent Nos.1 to 3 have encroached upon the land belonging to them and challenged the action of respondent Nos.1 to 3 in doing so.

2. The petitioners contend that a survey needs to be conducted to determine the extent of land belonging to them and the land belonging to respondent Nos.1 to 3 and without conducting such a survey, this encroachment was done by respondent Nos.1 to 3.

3. The question, whether respondent Nos.1 to 3 have encroached into the land of the petitioners or not, is a civil dispute, which can be properly adjudicated by a civil Court, which can also direct for survey as sought by the petitioners to determine, if there is any encroachment by respondent Nos.1 to 3 into their land.

4. Therefore, granting liberty to the petitioners to approach the competent civil Court seeking appropriate relief, this writ petition is dismissed. As a sequel, miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

_____________________________ M.S. RAMACHANDRA RAO, J 25.11.2015.

Msr

HON'BLE SRI JUSTICE M.S. RAMACHANDRA RAO WRIT PETITION No.38195 of 2015

25.11.2015 Msr