Disposed

K. Kumari v. Greater Warangal Municipal Corporation

Telangana HC12 Apr 2019WP/7420/2019

Case brief

AI extract

What is this about?

Petitioner alleged unauthorized excavation of a sewer line on her property. Court observed that the respondent's reply clarified no new construction work was done on the northern side. It was held sufficient for the petitioner to initiate civil proceedings for injunctory relief against the alleged wrongdoers.

What did the court decide?

Liberty granted to the petitioner to initiate appropriate proceedings to obtain injunctory relief against those undertaking work in her plot.

K. Kumari Vs Greater Warangal Municipal Corporation — Property and Title | Telangana HC (2019)

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THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 7420 2019

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O R D E R :

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Petitioner asserts that she is the owner of open plot in survey No.338 (new Survey No.194) of Waddepally Taluq, Warangal District; that in the locality, there exists open sewerage and drainage in front of the property abutting 12’ road on the western side of the property. The grievance of the petitioner is that the respondent authorities dug an open sewerage line through his property on the northern side without issuing any notice. Hence, this writ petition.

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The sum and substance of the allegation of the petitioner is that the respondent authorities are trying to dig and construct a cement concrete drain towards the northern side of his plot.

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Today, learned Standing Counsel placed before this Court the written instructions received from the respondent and the relevant portion of the same reads as under:

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“In this regard, it is to submit that the concerned engineering officers of this Corporation have verified the subject site and it is observed that, there is already drainage has been existing towards northern side of the alleged land of the petitioner, on enquiry with the locality people, they stated that it was constructed about 15 years back, presently this Corporation has not taken up any construction work towards northern side of the alleged property of the petitioner. Further, it is to submit that towards the western side of the said property, there is a CC road has been existing, and along with the said CC road, a kacha drain passing, presently this Corporation has taken up the construction of CC drain in the place of kacha drain towards

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western side of the alleged property of the petitioner but not towards the northern side as alleged by the petitioner.”

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From the above, it is clear that the respondent authorities are not undertaking any new drainage work. Therefore, in the facts of the present case, it is open to the petitioner to initiate appropriate proceedings and obtain injunctory relief against the persons, who are undertaking drainage work in her plot.

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Granting liberty as above, the writ petition is disposed of.

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Miscellaneous applications, if any pending, in the Writ Petition

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shall also stand disposed of. No costs.

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________________________
CHALLA KODANDA RAM, J
Dt:12.04.2019
kdl

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K. Kumari v. Greater Warangal Municipal Corporation

Case brief

What is this about?

What did the court decide?

K. Kumari v. Greater Warangal Municipal Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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