Dismissed

Erukala (S.T.) Sangam (Regd.No.4622/93) v. The District Collector

Telangana HC13 Dec 2010WP/16236/2009

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition claiming possession rights for temple community hall construction. The court held that the petitioners had no enforceable right since the eviction order and land alienation were unchallenged and final, rendering intervention under Article 226 impermissible. An interim order was vacated.

What did the court decide?

Writ petition dismissed. No costs. Interim order dated 10.08.2009 vacated.

Erukala (S.T.) Sangam (Regd.No.4622/93) Vs The District… — Property and Title | Telangana HC (2010)

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THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY

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WRIT PETITION No. 16236 of 2009

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O R D E R:

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At the interlocutory stage, this Writ Petition is taken up for hearing and disposal with the consent of the learned counsel for the parties.

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I have heard Sri A. Prabhakar Rao, learned counsel for the petitioners, the learned Assistant Government Pleader for Revenue for Respondents 1 to 3 and Sri V. Jagapati, learned counsel for Respondent No.4.

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The petitioners claim to be in occupation of 719 square yards of land comprised in Survey No. 1300 of Vavilalapalli, Karimnagar Town and District for a number of years. It is pleaded that petitioner No.1 society consists of about 30,000 members, that they have constructed a temple for Goddess Mysamma and been performing pujas in the said temple, that there are two pieces of vacant land on either side of the temple admeasuring 719 square yards and that the erstwhile President of petitioner No.1 society submitted an application on 27.02.2005 to the Hon’ble Minister for Endowments for allotment of the said land for construction of a community hall. It is the further pleaded case of the petitioners that on the endorsement made by the Minister, the Mandal Revenue Officer has got the land surveyed and sent a report through the Mandal Revenue Inspector, Karimnagar and that thereafter, the Mandal Revenue Officer, vide his proceedings dated 09.04.2005, addressed to the Revenue Divisional Officer, Karimnagar, requested to accord permission for alienation of the aforesaid land in favour of petitioner No.1 for construction of a community hall. The petitioners have felt aggrieved by the action of the Revenue Department in

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seeking to evict them from the land in question in order to accommodate Respondent No.4 association.

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Separate counter-affidavits have been filed on behalf of Respondents 1 to 3 and Respondent No.4. In the counter-affidavit filed by Respondent No.3, the Tahasildar, Karimnagar Mandal, it is inter alia stated that the land admeasuring Ac.0.06 guntas in Survey No. 1300 was alienated in favour of Respondent No.4, vide G.O.Ms.No. 1114, dated 10.11.1991, that notice under Section 7 of the A.P. Land Encroachment Act, 1905 was issued to petitioner No.1, that having received the notice, petitioner No.1 failed to submit its reply, that therefore, an order of eviction was passed on 21.03.2007, which was served on the President of petitioner No.1 society on the same day. It is further averred that petitioner No.1 society has not challenged the said eviction order, which has become final.

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No reply affidavit has been filed by the petitioners.

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In the light of the un-controverted averments contained in the counter-affidavit of Respondent No.3 referred to above, and the material filed in support thereof along with the counter-affidavit, I am of the opinion that the petitioners cannot claim any right to remain in possession. Neither the allotment made in favour of Respondent No.4 nor the order of eviction passed against petitioner No.1 has been challenged by the petitioners. Therefore, the petitioners do not have any legally enforceable right to invoke extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.

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The Writ Petition is accordingly dismissed. No costs.

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As a sequel to dismissal of the Writ Petition, the interim order dated 10.08.2009 granted by this Court in W.P.M.P. No. 21309 of 2009 shall stand vacated.

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(C.V. NAGARJUNA REDDY, J

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13^th December 2010

ksld

..... REGISTRAR

// TRUE COPY //

SECTION OFFICER

1.2CCs to 2.2CD copies

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Form-NIC-OGS/WP{TRK}

Erukala (S.T.) Sangam (Regd.No.4622/93) v. The District Collector

Case brief

What is this about?

What did the court decide?

Erukala (S.T.) Sangam (Regd.No.4622/93) v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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