Telangana High Court
Sree Suprabhath Estate Developers vs The State Of Telangana And 2 Others on 6 May, 2020
Author: Challa Kodanda Ram
Bench: Challa Kondanda Ram
THE HON' BLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION No. 6663 of 2020
ORDER:
Heard learned counsel for the petitioner as well as learned Government Pleader for Forests.
This Writ Petition is filed seeking a mandamus to declare the action of the 3rd respondent in continuing the construction activity by encroaching the land of the petitioner firm, without considering the representation dated 20.03.2020, thereby trying to dispossess the petitioner from its lawful possession of the petition schedule property, as illegal.
The allegation of the petitioner is that the respondents, in the guise of fencing the forest land, are encroaching into its land, wherein a lay-out was prepared, with their very approval.
On the other hand, the learned Government Pleader, on instructions, submits that fencing is carried out within the well- defined forest area with the boundaries demarcated and that the allegation of encroachment into the petitioner's land is false. According to him, if the petitioner had shown in their lay out, either by mistake or by design, the forest area, the forest authorities are not responsible for the same. However, the learned Government Pleader submits fairly that as the petitioner is said to have submitted the representation on 20.03.2020, the same will be looked into and disposed of within two weeks and once-again re-verification will be done. She would further submit that on account of lock down, no work as such is taken up at this point of time.
2
In the light of the fair submission made by the learned Government Pleader, the Writ Petition is disposed of with a direction to the respondent authorities to consider the objection / representation of the petitioner in two weeks' time with respect to fencing, duly giving an opportunity to the petitioner to be present in the process of verification. Till such time, no further work of fencing towards the petitioner's land shall be taken up. No costs.
The miscellaneous Applications, if any shall stand closed.
_______________________ CHALLA KODANDA RAM, J 06th May 2020 ksld 3 THE HON'BLE SRI JUSTICE CHALLA KONDANDA RAM WRIT PETITION No. 6663 of 2020 6th May, 2020 ksld