H.Krishna v. The State Of Telangana

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.12417 of 2015 DATED: 07.09.2015 Between:

H.Krishna ... Petitioner and The State of Telangana and others ... Respondents

THE HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.12417 of 2015 PC: (per the Hon'ble The Acting Chief Justice Dilip B. Bhosale) The petitioner in the instant Writ Petition challenges the construction made by respondent No.6 on two grounds, firstly, that respondent No.6 has encroached upon the Government land bearing Survey No.64 and secondly, that though he has permission to construct only ground floor, he is constructing first and second floors also. We have perused the Writ Petition and the affidavit in support thereof and so also the other documents placed on record, in particular, P.1 and its annexure.

Learned Government Pleader on instructions submits that Survey No.64 is the Government land and adjacent to it, there is Survey No.54, which is a patta land. This land belongs to respondent No.6 and he is making construction over that portion of the land and not the Government land. To examine the second ground of challenge, we have perused P.1 and the plan appended thereto. From the

sanction plan itself, it is clear that respondent No.6 is allowed to construct ground + II Floors and is making construction in accordance with the plan.

In this view of the matter, we do not find any merit in the matter. The petition is dismissed.

Consequently, miscellaneous petitions, if any, also stand disposed of.

________________________ DILIP B. BHOSALE, ACJ 7th SEPTEMBER, 2015.

_____________ S.V. BHATT, J kvni