Bollaboina Chandra Shekar Yadav and another v. The State of Telangana and 3 others
Court: High Court for State of Telangana
Bench: A.ABHISHEK REDDY
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-23. Bollaboina Chandra Shekar Yadav and another v. The State of Telangana and 3 others. Read the...
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY ,THE TWENTY THIRD DAY OF DECEIMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY WRIT PETITION NO: 23642 OF 2020 Between: 1. Bollaboina Chandra Shekar Yadav, S/o. B. [t/uthyalu Yadav, Aged about 38 years, Occ. Business, R/o. H. No. 3-8311lAl2l1, Gokul Nivas, Quthbullapur l\,4andal, Ranga Reddy District, Rep. by its General Power of Attorney Holder A. Srinivas Reddy, S/o. Venkatram Reddy. Aged about 45 years, Occ. Business, Rlo. 2-14011, Plot No. 166/P, Venkatram Nagar, Suraram X Road, Suraram Village, Quthbullapur l\,4andal, Ranga Reddy District. 2. A. Srinivas Reddy, S/o. Venkatram Reddy, Aged about 45 years, Occ, Business, Rlo. 2-14011, Plot No. 166/P, Venkatram Nagar, Suraram X Road, Suraram Village, Quthbullapur l\,4andal, Ranga Reddy District .. ,PETITIONERS AND 1. The State of Telangana, Rep.
by its Principle Secretary, Department of Municipal Administration, Secretariat Building, Secretariat, Hyderabad. 2. The Nizampet IVlunicipality, Rep. by its Commissioner, l\4edchal-lvlalka. lg iri District. 3 The District Collector, lt4edchal-l\/alkajgiri District. 4 The Tahsildar, Bachupally Mandal, l\,4edchal-lt4alkajgiri District. ... RESPONDENTS Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order or direction more particularly one in the nature of writ of [\,4andamus declaring the arbitrary action of the respondents in trying to interfere with the peaceful possession of the petitioners property bearing Plot No. 63 in Sy,No. 326, admeasuring 490 sq.
yards situated at Nizampet Village and Gram Panchayat, Bachupally l\,4andal, lr,4edchal-lValkajgiri District, without following due process of law as being arbitrary, illegal, violation of principles of naluraljustice and unconstrtutional. lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to interfere with the peaceful possession of petitioner in respect of Plot No. 63 in Sy. No. 326, admeasuring 490 sq. yards situated at Nizampet Village and Gram Panchayat, Bachupally lr,4andal, tt4edchal-Malkaigiri District without following due process of law, pending disposal of the writ petition in the interest of justice and equity, Counsel for the Petitioner : M/s. K. HEMALATHA Counsel for the Respondent No. 1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No. 2: SRI N.
PRAVEEN KUMAR, SC FOR MUNICIPALITY Counsel for the Respondent Nos. 3 & 4: GP FOR REVENUE Thc Court nracle thc follo'n ing: ORDER I lu THE HON'BLE SRI ]USTICE A. ABHISHEK REDDY WRIT PETITI ON o. 23642 of 2020 ORDER: Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development for respondent No. 1, Mr. N. Praveen Kumar, learned Standing Counsel for lvlunicipalities for respondent No. 2, and learned Government Pleader for Revenue for respondent Nos,3 and 4. With their consent/ the Writ Petition is disposed of at the stage of admission itself. The present writ petition is filed seeking to declare the action of the respondents in trying to interfere wlth the possession of the petltioners over the property bearing Plot N0. 63 in Survey No. 326, admeasuring 490 square yards, Nizampet Village ano Grarnpanchayat, Bachupally Mandal, fuleclchal- l"1a lka] g i rl Distrlct, as i leqal a nd arbitra ry.
Learned Standinq Counsel as t'vell as the learned Governrnent I)leaders, on instructions, have stated that the official respondents are not interferlng with the possession o1'the petltioners, and in ca:;e, if they need to do so, they will do it in accordance with law. In view of the above made submissions, the grievance of the petitioners stands redressed and the Writ Petition is disposed of directing the official respondents not to interfere with the possession of the petitioners in respect of the subject property, except in accordance with the procedure established by law. The miscellaneous petitions pending, if any, sha I stand closed. -fhere shall be no order as lo costs, I I SD/-N. CHANDRA SEKHAR o ASSISTANT REG RA R //TRUE COPY// SECTI N OFFICER To, 'l . The Principle Secretary, Department of [t4unicipal Administration, State of Telangana, Secretariat Building, Secretariat, Hyderabad. 2. The Commissioner, Nizampet tr4unicipality, Ir4ed cha l-lr,4alkajgiri District. Prct 3.
The District Collector, lVedchal-tr/alkajgiri District. 4. The Tahsild. a. r, Bachupally [Vlandal, Ir/i;dcha t-tr/a tkajgiri District. " 5. One CC to M/s. K. Hemaiatha, Advocate tOpUCl 6. One CC to Sri N. Praveen Kumar, SC for lMunicifiality, Advocate IOPUCI 7. Two CCs to GP for Revenue, High Court for the Stat'e of Telangaira at Hyderabad (OUT) 8. Two CCs to GP for tr/unicipal Administration and Urban Development, High Court for the State of Telangana at Hyderabad. - [OUT] 9. Two CD Copies SM M. U'- (L\. I I L,/ I HIGH COURT DAf ED:2311212020 I I I ! e s TA r€ 1t\ ( 2021 a ORDER JAN 0$ "b o WP. No. 23642 ot 2020 * t o PA-r . * . , DISPOSING OF THE WP WITHOUT COSTS v\ b t\jy
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