NAGARJUNA NAGAR WELFARE ASSOCIATION Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present appellant before this Court, Nagarjuna Nagar Welfare Association has filed the present appeal being aggrieved by the action of the Government of Andhra Pradesh/respondent No.1 in the writ petition in regularising the occupation of respondent No.5/Sri M.Pratap Reddy in respect of piece of land vide G.O.Ms.No.100, dtd. 17/1/2005.

(2.) The facts of the case reveal that the appellant/Nagarjuna Nagar Welfare Association, which is representing the colony people, earlier came up before this Court by filing a writ petition, i.e., W.P.No.2577 of 2000 being aggrieved by the action of the District Collector, Hyderabad in rehabilitating hut dwellers and in respect of construction of multi-storeyed complex. The writ petition was dismissed on 17/6/2005 and no construction was raised over the land admeasuring 290 square meters. The appellant herein raised a ground in the writ petition that the land they are claiming can be converted into a park or a lung space and can be enjoyed by the colony people.

(3.) The learned counsel for the appellant vehemently argued that in the earlier round of litigation, once an affidavit was filed by the Mandal Revenue Officer stating that the land is in possession of the State Government and by no stretch of imagination, it could not have been regularised in the method and manner it was done. The learned Single Judge has erred in law and on facts in dismissing the writ petition.