THE HONOURABLE SRI JUSTICE N.TUKARAMJI

WRIT PETITION No.14401 OF 2018

O R D E R:

This Writ Petition is filed under Article 226 of Constitution

of India seeking the following relief/s:-

“…to issue a writ, order or direction more in the nature of Mandamus or otherwise declaring the action of the 1st respondent in encroaching and interfering with the petitioners property totally admeasuring Ac. 13.50 situated in Reddygudem/Medaram, Tadvai Mandal, Jayashankar Bhupalapally District, without obtaining approval / permission from any of the Respondents or the Government as arbitrary, illegal, discriminatory malafide, discriminatory, violating principles of natural justice and violating Article 14, 19 (1) (g) and 21 of the Constitution of India and issue consequential directions, restraining any of the respondents from interfering with peaceful possession of petitioners property admeasuring Ac. 13.50 in Reddygudem/Medaram, Tadvai Mandal, Jayashankar Bhupalapally District, without following due process of law, in terms of the directions in WP No. 10474/2013 by orders dated

24.04.2013, and pass...”

2. None appears for the petitioners.

3. Heard Mr. D.Pradeep, learned Assistant Government

Pleader for Home appearing for respondent Nos.1 and 2.

4. Learned Assistant Government Pleader for Home submits that the allegation regarding encroachment of the petitioners’ property by respondent No.1 is baseless and unsupported by any material on record. It is further submitted that if the petitioners are aggrieved by any alleged encroachment, they ought to have availed the remedies available under law before the competent civil court. Without pursuing such remedies, seeking a direction from this Court under writ jurisdiction is ex facie untenable and not maintainable. Hence, it is prayed that the writ petition be dismissed.

5. I have perused the material available on record.

6. Having regard to the prayer of the petitioner and the submissions made, the respondent police authorities are directed not to interfere with the petitioners’ possession and enjoyment of the petition schedule property, save and except in strict accordance with law and upon observance of due process.

7. However, it is made clear that the petitioners’ rights are reserved to avail appropriate remedies available under law before the competent civil court, in accordance with established legal procedure.

8. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

__________________ N.TUKARAMJI, J Date: 04-11-2025 Js

4309 THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.14401 OF 2018 Dated: 04.11.2025 Js