M/s Pratap Health and Foods (India) Private Limited, v. State of Telangana
Court: High Court for State of Telangana
Bench: K.LAKSHMAN
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-12-19. M/s Pratap Health and Foods (India) Private Limited, v. State of Telangana. Read the judgment...
Judgment text
[ ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION NO: 35766 oF 2024 Between: M/s Pratap. Health and Foods-(lndia) private Limited, Represented by its Director, M . l_115,'(SV Rama Krishna Re. ddy, S/o M Srlt,ramanyeswara Reddy, No. S+_O, Komparry village, Gandimaisamma Dundigal Mandal, Medchal-Malkai! iri District. ..... PETITIONER AND 1. state. of relangana, Rep. by its principal secretary, Municipal Administration and Urban Development, Secretariat, Hyderabad, 2. The Commissioner, Municipal Corporation, Kompally. 3. Diskict Collector, Medchal-Malkajgiri District, Medchal-Malkajgiri, Tetangana State. 4. ln_spector of Police, Police Station, pet-Basheerabad, Kompally, Telangana State. 5. The National Highway Authorities Limited, Rep. by its Director, NH44, Authority, Kamareddy, Telangana. .. . ,.
RESPONDENTS Petition Under Article 226 of rhe 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 particularly one in the nature of writ of Mandamus declaring the inaction of the respondents No. 2 No. 3 No. 4, in not removing the illegal encroachment and construction on the pavemenv panchayat Road leading to National Highway Road, National Highway 44, as illegal, arbitrary and violative of the principals of natural justice. I '7 I. A NO i1 0F 2024 I Petition Under section '151 cpc prayrng that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents to Forthwith remove/demorish the encroachment and construction on the pavement/panchayat Road reading to Nationar Highway Road, Nationat Highway 44, pending disposal of the main writ petition. Counsel for the petitioner : SRI THOMAS LLOYD ggy.
T"]Igllhe Respondent No. 1 : Gp FoR McpL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No. 2 : SRI p. KRISHNA REODY Counsel for the Respondent No. 3 : Gp FOR REVENUE Counsel for the Respondent No. 4 : G. p FOR HOME Counsel for the Respondent No. S : SRI M. RAMU The Court made the following ORDER h, HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 35766 of 2024 ORDER: Heard leamed counsel lor the petitioner, Sri Putta Krishna Reddy, learned Standing Counsel lor respondent No'2, leamed Assistant Govemment Pleader for Home, learned Govemtnent Pleader tbr Revenue and Sri M'Ramu, learned Standing Counsel lor respondent No. 5-Nationa[ Highway Authorities Lirnited. 2. The petitioner is a lirnited cornpany involved in the business of Packaging in the property bearing No. I - I I 5' Survey No'94-D, Kornpally Village, Gandirnaisamma Dundigal Mandal, Medchal-Malkajgiri District. I I There are encroachments on NH-44 i. e. , in front of its unit. Therefore, respondent No.
5 vide proceedings dated 26. 09 '2022, requested respondent Nos. 2 to 4 to remove the said encroachrnents. Petitioner has also subrnitted representation to the Project Director, National t{ighway Authorities Limited and also to respondent Nos. 2 to 4 to relnove the satne' Despite receiving the acknowledgtnent of said representations, respotrdent Nos'2 to 4 are not ,u{unV action. Aggrieved by the said inaction of respondent Nos. 2 to 4, petitioner filed present writ petition' for respondent No'2 on 3. Leamed Standing Counsel instructions would subrnit that respondent No'2 will consider the proceedingsofrespondenLNo. 5date<I26. 09. 2022andtherepresentation rnade by petitioner dateJ 1;. () 9. 2024 in accordance with procedure laid an MuniciPa lities Act, 2019 bY at-fording do*n un#, Telangana the interested opportunity to the petitioner ancl all llafties ,,' 1J ) 4. In the light of the said subrnission, this Writ petition is disposed ol directing the respondent No.
2 to consider the proceedings of respondent No. 5 dated 26. 09. 2022, also representation of the petitioner dated 17. 09. 2024 and take action for removal of encroaclunents on N. H_44 situated ar Kornpally vilage in accordance with raw as earry as possibre prelerably within a period of eight (0g) weeks from the date ofl receipt ofa copy of this order. There shall be no order as to costs. As a sequel, the rniscellaneous petitions, if any, pending in the Writ Petition shall stand closed. SD/. N. SRIHARI ASSISTANT REGISTRAR //TRUE COPY// \T- I SEGTION OFFICER To 1. The Principal Secretary, Municipal Administration and Urban Development, Secretariat, State of Telangana at Hyderabad. 2. The Commissioner, Municipal Corporation, Kompally. 3. The District Collector, Medchal-Malkajgiri District, Medchal-Malkajgiri, Telangana State. 4. The lnspector of Police, Police Station, Pet-Basheerabad, Kompally, Telangana State. 5.
The Director, National Highway Authorities Limited, NH44, Authority, Kamareddy. Telangana. 6. Two CCs to GP FOR MCPL ADMN AND URBAN DEVELOPMENT, High Court for the State of Telangana at Hyderabad. [OUT] 7. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT] 8. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] 9. One CC to SRI THOMAS LLOYD, Advocate [OPUC] 10. One CC to SRI P KRISHNA REDDY, Advocate (OPUC) 11. One CC to SRI M. RAMU, Advocate (OPUC) 12,Two CD Copies SA PSK '! HIGH COURT DATED:1911212024 \ \ . $ . t$ ORDER tr . j 2 s* c WP. No. 35766 of 2024 ttt t-t 1- \ I DISPOSING OF THE W. P WITHOUT COSTS. \$ )D i
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