Chenu Laxmi v. The State of Telangana and 2 Others
Court: High Court for State of Telangana
Bench: A.ABHISHEK REDDY
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-10. Chenu Laxmi v. The State of Telangana and 2 Others. Read the judgment and case details on...
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY wRtT PET|T|ON NO. 20238 0F 2020 Betwee n: Chenu Laxmi, W/o. Chenu Ravi Kumar, Aged about 35 years, Occ: Housewife, R/o. H. No. 7-2-39, ward No. 7, Hanuman Basthi, Back side Police Station, Bellampalli town, Mancherial District. ... PETITIONER AND 1. The State of Telangana, Rep. by its Principal Secretary, lVlunicipal Administration and Urban Development Department, Secretariat Buildings, Secretariat, Hyderabad. 2. The Bellampalli Municipality, Bellampalli, Mancherial District, Rep. by its Commissioner. 3. The Tahasildar, Bellampalli Mandal, Mancherial District. ...
RESPONDENTS Petition under Article 226 o'f lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction particularly one in the nature of writ of mandamus declaring the action of the respondents 2 and 3 in dispossessing the petitioner from the house bearing 7-2-39, ward No. 7, Hanuman Basthi, Back side Police Station, admeasuring 80. 36 sq. Yards, Bellampalli town, Mancherial District without notice, opportunity of being heard and without following due process of law as illegal, arbitrary and violative of Article 300-A of the Constitution of lndia and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the house bearing 7-2-39, ward No. 7, Hanuman Basthi, Back side Police Station, admeasuring 80. 36 sq. Yards, Bellampalli town, Mancherial District of the petitioner.
lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petjtion, the High Court may be pleased to direct the respondents not to dispossess the petitioner from the house bearing 7-2-39, ward No. 7, Hanuman Basthi, Back side Police Station, admeasuring 80. 36 sq. Yards, Bellampalli town, Mancherial District without following due process of law, pending disposal of the writ potion. Counsel for the Petitioner: SRI V. YADU KRISHNA SAINATH Counsel for the Respondent No. 1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No. 2: SRI N. PRAVEEN KUMAR, S. C. FOR MUNICIPALITIES Counsel for the Respondent No. 3: GP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI ]USTICE A,ABHISHEK REDDY WRIT PETITION No. 20238 of 2O2O ORDER: Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development for respondent No.
1, learned Standing Counsel for Municipalities appearing for respondent No. 2, and the learned Government Pleader for Revenue appearing for respondent N0. 3. With their consent, the Writ Petition is disposed of at the stage of admission itself. The present writ petition is filed by the petitioner aggrieved by the action of respondent Nos. 2 and 3 in trylng to dispossess her from the house bearing No. 7-2-39, admeasuring 80. 36 square yards, Ward N0. 7, Hanuman Basthi, Back side Police Station, Bellampalli Town, lvlancherial District, without issuing any notice, as illegal and arbitrary. Learned Standing Counsel, on instructions, has stated that the official respondents are not interfering with the possession of the petitioner, and in case, 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 petitioner stands redressed and the Writ Petition is disposed of directing the offlcial respondents not to interfere with the possession of the petitioner, except in accordance with the procedure established by law. It is made clear that the petitioner shall not make any constructions without obtaining necessary permission from the competent authority. The miscellaneous petitions pending, lf any, shall stand closed. There shall be no order as to costs. SD/. CH. VENKATES WA LU ASSISTANT RE TRAR //TRUE COPY' SECTION OFFICER To, 1. The Principal secretary, Municipal Administration and Urban Development p. enqrtment, State of Telangana. Secretariat Buildings, Secretariat, _ Hyderabad. 2. The commissioner, Bellampalli IVlunicipality, BellamFaili, Mancherial District. 3. The Tahasildar, Bellampalli Mandal, Mbncherial Disirict. 4. One CC to Sri V. Yadu Krishna Sainath, Advocate tOpUCl 5.
Two ccs to GP for Municipal Administration and Uiban D6velopment, High court for the State of Telangana at Hyderabad. [OUT] 6. One CC to Sri N. Praieen Kum'ar, S. C. Fdr Municipalities (OpUC) 7. Two CCs to GP for Revenue, High Court fo'r the State oi Telangana at - Hyderabad. [OUT] \ B. Two CD Copies. \. -$+. " I\,4D HIGH COURT DATED:1011212020 1, io 17 DEC2m L,-'\ ,\ * ORDER WP. No. 20238 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,p
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