HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.14081 of 2024

ORDER:

This Writ Petition is filed seeking to declare the action of respondent No.3 in constructing the mini-stalls infront of the petitioners’ plots bearing No.6-150 admeasuring 68.25 square yards and 6-155 admeasuring 123.33 square yards in Sy.No.399, situated at Ward No.6, Bhoopalpalli Gram Panchayat, Parakala Sub-Area, Bhoopalapalli, District and letting them out to different shop keepers on rent which is blocking the approach road to the petitioners’ plots and causing obstruction to the petitioners to reach their plots as illegal, arbitrary and violative of the Articles 14, 21 and 300A of the Constitution of India and consequently, direct respondent Nos.3 and 4 to remove the mini-stalls in front of the petitioners’ plots and for other appropriate reliefs.

2. The case of the petitioners is that petitioner Nos.1 and 2 are the owners and possessors of plot No.6-150 admeasuring 68.25 square yards and plot No.6-155 admeasuring 123.33 square yards, respectively, situated in Sy.No.399, situated at Ward No.6, Bhoopalpalli Gram Panchayat, Parakala Sub- Area, Bhoopalapalli, District, having purchased the same through registered sale deeds bearing document Nos.1194 of 2010, dated 24.07.2010 and 84 of 2009, dated 11.08.2009, respectively. The grievance of the petitioner is that respondent Nos.3 and 4 have taken up a project for construction of shopping complex in front of the petitioners’ plots and allotting the shops on rent basis and if the respondents are allowed to proceed with the construction, it would cause inconvenience blocking the access for ingress and egress and effect their easementary rights.

3. Learned counsel appearing for the respondents has submitted that the respondents are proceeding with the construction after obtaining all necessary permissions from the competent authorities and the said constructions are no way affecting the rights of the petitioners.

4. In view of the above submissions made by the respective counsel and as the parties have raised disputed questions relating to title and possession and also submitted that the constructions carried on by the respondents are violating the easementary rights of the petitioners, this Court is of the view that said issues are required to be adjudicated basing on the evidence adduced by the parties and therefore, not inclined to exercise its summary jurisdiction under Article 226 of the Constitution of India.

5. Accordingly, this Writ Petition is dismissed. However, the petitioners are at liberty to raise all their grievances in a properly instituted suit before the competent civil Court, in accordance with law.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No costs.

________________________________ JUSTICE C.V.BHASKAR REDDY

09.07.2024 PL/gkv