S.Ashok Yadav v. Smt.S.Vijayalaxmi And 5 Others

High Court for the State of Telangana THE HONOURABLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY I.A.Nos.1 & 2 of 2019 IN/AND W.A.No.930 of 2019 Date: 19.12.2019 Between:

S.Ashok Yadav ... Appellant/3rd Party A N D Smt.S.Vijayalaxmi and five others

...Respondents

Counsel for the appellant/3rd party : Mr.B.Shanker Counsel for the respondent No.1 : Mr.C.M.R.Velu Counsel for the respondent No.2 : Mr.N.Rajeshwar Rao, Assistant Solicitor General The Court made the following:

COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) The appellant, third party, has sought leave to file the present appeal against the order dated 01.10.2019 passed by a learned Single Judge in W.P.No.16711 of 2019. 2.

The petitioner therein had merely sought the relief that a parcel of the land admeasuring Acs.0-17 Gts in Sy.No.49, situated at Yapral Village, Alwal Mandal, R.R.District, should be surveyed by the Mandal Surveyor. By the impugned order, the learned Single Judge has merely directed the Mandal Surveyor to survey the said land, as per the application filed by the petitioner therein, within a period of four weeks.

3.

The learned counsel for the present applicant has failed to show as to how the interest of the applicant would be adversely affected in case the survey were to be carried out. The learned counsel has only submitted that in case the survey were to be carried out, the possession of the property may be given to the petitioner in W.P.No.16711 of 2019.

4.

However, as there is no direction issued by the learned Single Judge for handing over possession of the subject matter to the petitioner therein, the anxiety of the present applicant is highly misplaced. Hence, this Court does not find any reasons for granting leave to file the writ appeal.

Therefore, I.A.No.1 of 2019 and the writ appeal are hereby dismissed. There shall be no order as to costs.

Consequently, I.A.No.2 of 2019 filed for condonation of delay in filing the appeal and other miscellaneous petitions pending, if any, shall stand closed.

_________________________________________ (RAGHVENDRA SINGH CHAUHAN, CJ) __________________________ (A.ABHISHEK REDDY, J) 19th December, 2019 Lrkm