COMMISSIONER Vs. G. PANDU

JUDGEMENT

(1.) The present writ appeal is arising out of an order passed by the learned Single Judge dated 06.04.2017 in W.V.M.P.No.1199 of 2016 in/and W.P.No.36580 of 2014 and C.C.No.1509 of 2015.

(2.) The undisputed facts of the case reveal that the respondent No.1 in the present appeal claiming ownership on the strength of an Agreement of Sale has approached this Court stating that the Greater Hyderabad Municipal Corporation (GHMC) is encroaching upon his property. The prayer in the writ petition is reproduced as under:-

(3.) The GHMC has filed a detailed counter affidavit before the learned Single Judge and it was stated that the subject land is earmarked as an open space by the Municipality for the purpose of septic tank, pump rooms and children 's playground at Housing Board Colony, Moula Ali, and they have constructed a compound wall also to protect the land. Thus, the writ petition involved disputed questions of fact. The learned Single Judge allowed the writ petition. Paragraphs 26 to 31 of the order passed by the learned Single Judge in the writ petition is reproduced as under:-