IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 22553 of 2014 BETWEEN Y.Sarojamma AND ... PETITIONER The Government of Andhra Pradesh, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others.
...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. Petitioner filed a representation before the Tahsildar, dated 10.04.2014, as well as before the Station House Officer, Piler Police Station. The representation itself refers to petitioner having obtained a decree in O.S.No.151 of 2011 from the Court of Junior Civil Judge, Piler. Petitioner, however, states that there was obstruction when she has taken up construction on the house site allotted.
Alleging inaction on the part of the Tahisldar, the present writ petition is filed.
3. Learned Government Pleader, on instructions, submits that petitioner was issued house site patta in Survey No.43-B to the extent of Ac.0-02 cents in Plot No.106 of Piler village and that alleging that respondent No.6 has occupied the plot, petitioner had already obtained a decree in O.S.No.151 of 2011 from the Court of Junior Civil Judge, Piler.
4. In view of the said admitted position that there was a decree in favour of the petitioner granted by the competent civil court, the Tahsildar cannot be expected to execute the decree. Petitioner must approach the appropriate executing court seeking for implementation of the decree.
Writ petition is, therefore, clearly misconceived and is accordingly, dismissed. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J August 21, 2014 LMV