Disposed

Ijjurothu Rambabu S/o.Sanyasappadu, v. The Commissioner

Telangana HC15 Jul 2013PIL/132/2013

Case brief

AI extract

What is this about?

This PIL directs the Collector to treat the petition as a complaint to enquire into eviction of unauthorized occupants from public premises. The Court held eviction is the only course of action unless restrained by a competent court order.

What did the court decide?

Directed the Collector to treat the writ petition as a complaint to enquire into and effect eviction of unauthorized occupants from public premises.

Ijjurothu Rambabu S/o.Sanyasappadu, Vs The… — Public Procurement and Tenders | Telangana HC (2013)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)

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PRESENT

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THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE Ms. JUSTICE G. ROHINI

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PUBLIC INTEREST LITIGATION NO.132 OF 2013

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DATED:15.7.2013

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Between: Ijjurothu Rambabu … Petitioner And The Commissioner Endowments Department Boggulakunta Abids Hyderabad and others … Respondents

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THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE Ms. JUSTICE G. ROHINI

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PUBLIC INTEREST LITIGATION NO.132 OF 2013

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ORDER: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)

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Having heard the learned Lawyers appearing for the parties and considering the facts and circumstances of the case, it appears that public place has been encroached by the unauthorized persons and their eviction is only course of action to be taken. The aforesaid allegations have been made in the public interest litigation. A representation was also made.

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No counter affidavit has been filed by the State respondents. Learned counsel for the State respondents is present.

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In view of the aforesaid situation, we direct respondent No.4 – Collector to treat a copy of the writ petition as a complaint and enquire into the allegations. If no action has been taken already, after enquiry into the matter, action shall be taken for eviction of the unauthorized occupants from the public premises and public places. No individual person has any right to illegally enjoy public property. The Collector shall bear in mind this principle of law and take action against those persons who will be found illegally occupying public places or parts thereof. In the process, if he finds that unauthorized occupants are there, then he will immediately take action against all unauthorized occupants and encroachers, except in cases where competent court of law has passed any restraint order. However, before any Court of law any proceeding is pending with regard to possession and occupation vis-à-vis eviction of the unauthorized occupants, then such

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proceedings shall be seriously contested by the official respondents, and if necessary they should apply for vacation of the interim direction at an early date. The public interest litigation is accordingly disposed of. No order as to costs. Consequently, pending miscellaneous petitions, stand dismissed. ________________________ K.J. SENGUPTA, CJ ______________________ G. ROHINI, J 15.7.2013 bnr

Ijjurothu Rambabu S/o.Sanyasappadu, v. The Commissioner

Case brief

What is this about?

What did the court decide?

Ijjurothu Rambabu S/o.Sanyasappadu, v. The Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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