Kalakota Mallaiah v. The State Of Telangana

HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.47188 of 2018 ORDER:

The prayer of the petitioners in this case reads as under: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble court may be pleased to issue an appropriate Writ, Order, or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of respondent Nos. 1 to 3 in not preventing encroachment being made by respondent No.4 on the 17 feet wide cart way/mud road existing in the between the lands of the petitioners and respondent No.4 despite representation dated 01.12.2018 given by the petitioners as illegal, unauthorised and violative of Articles-14, 21 and 300-A of the Constitution of India and consequently, to direct respondent Nos.2 and 3 to forthwith take action to restrain the illegal encroachment on the 17 feet wide cart/mud road and demolish any illegal construction or other encumbrances made by respondent No.4 and to pass such other order or orders as this Hon'ble Court deems fit, just and proper in the circumstances of the case."

It is an admitted fact that the petitioners' representation dated 01.12.2018 is pending before the Tahsildar, Endapalli Village, Velgatoor Mandal, Jagitial District.

The Writ Petition is disposed of directing the said Tahsildar to pass appropriate orders on the said representation after giving due opportunity of hearing to all parties concerned, if warranted. This exercise shall be completed expeditiously and in any event, not later than three weeks from the date of receipt of a copy of this order. Pending Miscellaneous Petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTICE SANJAY KUMAR 02nd January, 2019 Note:

Issue CC in three days.

B/o DR