Pulinti Swamy Kumar v. The State of Telangana
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. Pulinti Swamy Kumar v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) TUESDAY ,THE TWENTY NINTH DAY OF DECEI/BER TWO THOUSAND AND TWENTY PRESENT JUSTICE CHALLA KODANDA RAM THE HONOURABLE SRI WRIT PETI TION NO:24 103 0F 2020 Between: PulintiswamvKumar,s/o. Ellaiah,Aged43years'Occ'RII/PDoctor'R/o1-5' Xonaiaopeta ivletpally Mandal, Jagtial District' ... PETITIONER AND Raj I The Telangana, Rep by its Principal Secretary' Panchayath State of Hyderabad Department, Secretariat' 2 The District Collector, Jagtial District' The Sub Collector, lr/etPallY. tr'4andal 4 The Gram Panchayath, Konaraopeta, Metapally 5. The NIPDO, tr,4etPallY 6. The District Panchayath Officer, Jagtial' Ir/etpally mandal' 7. The Panchayath Secretary, Konaraopeta' ... RESPONDENTS of lndia praying that in the Petition under Article 226 of lhe Constitution to High court may be.
pleased in tne"attioauii tired therewith, the circumstances stated the nature of writ of lvlandamus moie particularly one in issue writ, order or alrection proceeding with the construction of declaring the action of tne rlspondents in . 360 tn" p"titioi"it property bearing no 1- 5' admeasuring drainage canal at 'tr/etpally tr'4andal' Jagtial District without Viri'ii" at ronaffiei" Sq. yards situated the Land iligr't to Fair Compensation under issuing notice r. "ont"rptJtJ*0"r. I and violative of Article ifielaI arOitrary ind u nconstitutiona Acouisition Act as being to the respondents not tndir'. onrequenily direct T;:;i,';ljt; c"". iitrti;. 'of petitioners property bearing "i and enloyment of interfere with my p"u. "tur'plr. lssion [t/landal, at Konaraopeta Village, tvletpally Sq.
'vriJ, 1- 5 admeasuring 360 'itr"ted laying drainage line' Jagtial District for lA NO: 1 oF 2020 stated in the that in the 151 CPC praying circumstances Petition under Section Hign maV be pleased to direct the ot iitt-p"tition''tfre affidavit filed in support ! 3urt Respondents not to interferu'*iifr my pejcef-ul-possession and enjoyment of 360 Sq yards situated at Konaraopeta nelilioners Drooertv bearing'l --5 'J"'i"lng drainase line' J-astial District for laving Viil;:, *[;it rrirnaur, N' KRISHNA SUMANTH Counsel for the Petitioner:SRl' -No' r GP FoR PANCHAYAT RAJ & RURAL counsel for the Respono""i ' DEVELOPMENT Nos' 2 & 3: GP FoR REVENUE 6Ir"lJi"i fl,e Respondent 'lti;;' sc FoR + to i: snr' G' NARENDER REDDY' Respond;;i counsel for the PANCHAYAT RAJ The Court made the following: THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.
24103 of 2020 ORDER: Petitioner complains the drainage being constructed in front of his house, which is not required to him, as, he has independent sump constructed by him in his own place. He asserts that his bore-well is likely to be affected, if the drainage is constructed. So far as the construction of drainage is concerned, no injunction can be granted, if the drainage is being constructed as an integrated development of the village drain system. However, in the process of construction of the drainage, if the property of the petitioner is likely to be affected, the respondent authorities are required to pay compensation for the same.
As it is the assertion of the petitioner that the bore-well is likely to be affected, the respondent authorities shall get the site examined and determined the damages by the Executive Engineer, Engineering Department of the Panchayat Raj, and shall ensure that the compensation amount, as may be determined by the said Engineer, shall be paid to the petitioner. Subject to the above, the writ petition is disposed of. [/iscellaneous petitions, if any, pending in this writ petition shall also stand disposed of. There shall be no order as to costs. SD/. N. CHANDRA SEKHAR RAO O"ISTANTREzTRAR I //TRUE COPY/' ! NV SECTION OFFICER To, '1 . The Principal Secretary, Panchayath Raj Department, State of Telangana, Secretariat, Hyderabad. 2. The District Collector, Jagtial District. 3. The Sub Collector, tMetpally. 4. The Gram Panchayath, Konaraopeta, lVletapally lvlandal 5. The MPDO, tMetpally. 6. The District Panchayath Officer, Jagtial. 7.
The Panchayath Secretary, Konaraopeta, Ir4etpally mandal. B. One CC to Sri. N. Krishna Sumanth Advocate [OPUC] 9. Two CCs to GP for Panchayat Raj & Rural Development, High Court for the State of Telangana. [OUT] 10. Two CD Copies. PM. ir$- HIGH COURT DATED;2911212020 5 I HE TA c (. ) 1 1 JA! { 2021 ORDER ? 1 WP. No. 24103 of 2020 Disposing of the WP Without costs.
Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.