Dismissed

Allenkki Ashok Kumar v. Government of Andhra Pradesh

Telangana HC10 Apr 2012WP/14667/2011

Case brief

AI extract

What is this about?

The court disposed of writ petitions challenging the respondents' action of increasing a tank's height and attempting to dispossess petitioners. The Standing Counsel assured that no eviction would occur without notice and a hearing. Consequently, the court directed the respondents not to evict petitioners without adhering to due process.

What did the court decide?

Directions not to evict petitioners except in accordance with law, after putting them on notice and giving them an opportunity of being heard.

Allenkki Ashok Kumar Vs Government of Andhra Pradesh — Landlord and Tenant | Telangana HC (2012)

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THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION Nos.14667 and 23392 of 2011

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COMMON ORDER:

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The relief sought for in these Writ Petitions is to declare the action of the respondents, in violating the procedure prescribed in increasing the height of the weir (Alugu) of Chinna Waddepalli Cheruvu (for short ‘the tank’) to the maximum level, and in trying to dispossess the petitioners from the subject plots, as being illegal and arbitrary.

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It is the petitioners’ case that the plots which they own were 150 meters beyond the full tank level of the tank; the respondents had deliberately chosen to increase the height of the tank; and since the height was increased, without putting the petitioners’ on notice and giving them an opportunity of being heard, the action of the respondent is illegal.

¶5

On the other hand, it is the case of the respondents that the full tank level of the tank had not been increased; all that the respondent-Corporation did was to constitute a committee to ensure that all the tanks, within the limits of the Warangal Municipal Corporation, are free from encroachment to enable water to be stored in the said tanks; a team of officials was constituted to physically verify all the tanks; and the Corporation has merely laid stones identifying the full tank level of the tanks which were prescribed earlier.

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Sri C.V.Bhaskar Reddy, Learned Standing Counsel for the respondent-Corporation, would fairly state that no action has, as yet, been taken to remove the encroachments; the Corporation would act strictly in accordance with law; and action, if any, taken for removal of the encroachments within the full tank level of the

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tank would only be after putting the encroachers on notice, and giving them an opportunity of being heard.

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In the light of the submissions made by the Learned Standing Counsel, I see no reason to keep the Writ Petitions pending on the file of this Court.

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The Writ Petitions are, accordingly, disposed of directing the respondents not to evict the petitioners from the subject plots except in accordance with law, and after putting them on notice and giving them an opportunity of being heard. However, in the circumstances, without costs.

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RAMESH RANGANATHAN,J

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Dt.10.04.2012 usd

Allenkki Ashok Kumar v. Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Allenkki Ashok Kumar v. Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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