A. Venkatesh v. The Principal Secretary
Court: High Court for State of Telangana
Bench: CHALLA KODANDA RAM
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-29. A. Venkatesh v. The Principal Secretary. Read the judgment and case details on LawSphereX.
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA (SPecial Original Jurisdiction) DECEI/BER TUESDAY, THE TWENTY NINTH DAY OF TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO: 2409'l OF 2020 Between: about 30 years' Occ Agriculture' 1. A. Venkatesh, S/o. Rama Chandraiah, {ged Reddy District' Rlo. kuOtf,ut Village and lr/andal, Ranga Agqd qbo-ut 62 years' Occ Agriculture' 2. A. Ralaiah, S/o. Chinna Kistaiah, - C7o. XiOit''rrt Village and Mandal, Ranga Reddy District' 59 years' Occ Agriculture' 3. Sabavath Hanmanaik, S/o. Ram, Age-d 3poy! - nb-kiiitt. ral Village and lVlandal, Ranga Reddy District' years, cc. Agriculture, Balaiah, Ag_ed.. ab-ogt 4. A. Ramachandraiah, s/o. . 62 Ranga Reddy District' iilo. xiOitrat Vitlage and tvlandal, 5 A Aniamma. W/o. Ramachandraiah, Aged about 55 years' Occ' Agriculture' - (;dthri Ranga Reddy District' il". vittage and lVandal, yea"' Occ Agriculture' Jangaiah, Aged- about 6. K. Pentamma, W/o. tQ " District' rilo.
xiJir,ii viitag" and lvlaidal, Ranga Reddy 7. V. Srinu,S/o. Gopya,Agedabout3gyears'Occ'Agriculture'R/oKadthalVillage District' and lVandal, Ranga ReddY 29 years' Occ Agriculture' 8. KoDou Krishna, S/o. Chennaiah, Aged ? poqt " jt C/J. "(rot Village and tt/andal, Ranga Reddy District' R/o Aged about p5 years' Occ Agriculture' Kadthal 9. V. Gopya, S/o. Dhanku, Villagej ind lr/andal, Ranga Reddy District' Agriculture V about 52-years' Occ 1O. W. V. N4angamma, W/o, GgpVa, fg^ed " p,ri ,i" RTo. "xiatnal vittrge and N/indal, Ranga Reddv District' ... PETITIONERS AND The Principal Secretary, Rep by its lVlinistry of Road Transport and Highways' 1 Government of lndia. The Regional Officer, National Highways Authority of lndia' Hyderabad' 2 The State of Telangana, Rep, by its Principal Secletary, Roads and Transport 3 Department. Secretariat. Hyderabad Telangana State Highway Authority of lndia' Kalwakurthy' 4 The Executive Engineer, National Mahabub Nagar District.
The Deputy Engineer, National Highway Authority of lndia, Kalwakurthy' 5 Ir/ahabub Nagar District. 6 TheAssistantEngineer,NationalHighwayAuthorityoflndia,Kalwakurthy, Mahabub Nagar District. 7 TheSecretary,GramPanchayatKadthal,KadthalMandal'l\/ahabubNagar District. ... Res Pondents Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to L. ru un appropriate Writ, Order or Direction more particularly one in the nature of writ of Mandamus declare the action of the respondents herein in.
illegally constructing side drainage on NHA 765 adjacent to the agricultural lands of the petitionershereinsituatedinvillageKadthalVillageandlVandal,RangaReddy bistrict, as being illegal, arbitrary, d-iscriminatory and violation of Articles 14 and 21 and 300-4 of the Constitution of lndia 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 herein to stay all further proceedings including construction of pipe line near preventing flow of drainage water side drain along with NHA-765 situated _ disposal kadthal iillage and mandal, l\,4ahabubnagar District, pending of the writ petition. Counsel for the Petitioners: SRI V. RAGHUNATH RAO, Counset for the Respondent No. 1: SRI NAMAVARAPU RAJESHWAR (ASSISTANT SOLICITOR GENERAL) Counsel for the Respondent Nos. 2,4,5&6: SRI A. LAKSHMI NARAYANA & BUILDINGS Counsel for the Respondent No.
3: GP FOR ROADS REDDY, Counsel for the Respondent No. 7: SRI G. NARENDER STANDING COUNSEL FOR GRAM PANCHAYAT The Court made the following: ORDER THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 24091 of 2020 ORDER It is pointed out by the learned Standing Counsel appearing for respondent Nos. 2, 4, 5 and 6 that the National Highways Authority of lndia is not undertaking the work and as a matter of fact, the subject work, about which, complaint is made by the petitioners, is being undertaken by the National Highways Authority, R & B Division, State of Telangana. ln those circumstances, learned counsel for the petitioners seeks permission of this Court to withdraw the writ petition with liberty to the petrtioners to file a fresh writ petition, Permission is accorded and the writ petition is dismissed as withdrawn with liberty as prayed for. lVliscellaneous petitions. if any, pending in this writ petition shall also stand dismissed There shall be no order as to costs. SDIN.
CHANDRA SEKHAR RAO ASSISTANT REGISTRAR I //TRUE COPY' SECTIO}i OFFICER To, 1 . One CC to Sri. V. Raghunath, Advocate [OPUC] 2. One CC to Sri. Namavarapu Rajeshwar Rao, Assistant Solicitor General IOPUCI 3. One C. C. to Sri. A. Lakshmi Narayana, Advocate [OPUC] 4. One C. C. to Sri. G. Narender Reddy, Standing Counsel for Gram Panchayat (oPUC) 5. Two CCs to GP for Roads & Buildings, High Court for the State of Telangana. louTl 6. Two C. D. Copies Prk x9r I HIGH COURT DATED:2911212020 ,t HE s f4 r4r ( ORDER o o 0 I JA! \l 2t,2 I ,4. C WP. No. 24091 ol 2020 * * Dismissing the WP. as withdrawn without costs. 2il\v
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