Dismissed

Smt. M.Josephine v. The Revenue Divisional Officer

Telangana HC11 Sept 2014WP/20190/2005

Case brief

AI extract

What is this about?

The Court dismissed a writ petition filed to declare the demolition of the petitioner's house arbitrary and illegal. The writ was dismissed based on res judicata after the petitioner approached the Land Grabbing Court previously for the same relief. The specific remedies remain open.

What did the court decide?

Writ petition dismissed on principle of res judicata; other remedies left open.

Smt. M.Josephine Vs The Revenue Divisional Officer — Land Acquisition | Telangana HC (2014)

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THE HON'BLE SRI JUSTICE K.C.BHANU AND

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THE HON’BLE MRS JUSTICE ANIS

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WRIT PETITION No.20190 OF 2005

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ORDER:- (per Hon’ble Sri Justice K.C.Bhanu)

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This Writ Petition, under Article 226 of the Constitution of India, is filed to declare the action of the respondents in trying to dispossess and demolish the petitioner’s house bearing No.20-6/9, Plot No.97, admeasuring 200 square yards in survey No.54, Hema Nagar, Chilkanagar, Uppal Kalan, Uppal, Ranga Reddy District, as arbitrary and illegal and consequently, direct the respondents not to dispossess the petitioner from the aforesaid property in execution of judgment in Land Grabbing Case No.217 of 1995 on the file of the Special Court for Cases under Andhra Pradesh Land Grabbing (Prohibition) Act, Hyderabad, as the scheduled lands in the said Land Grabbing Case are different from that of the petitioner’s land.

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2. Heard.

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3. On earlier occasion, for the self same relief, the petitioner approached this Court and this Court directed the petitioner to approach Land Grabbing Court. Again, for the self same relief, the petitioner filed the present Writ Petition.

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4. Learned Senior Counsel appearing for the petitioner contended that when the petitioner approached the Land Grabbing Court by filing a petition under Order XXI Rules 97 and 99 of the Code of Civil Procedure, 1908, the same was returned stating that the Land Grabbing Case was disposed of.

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5. The Writ Petition is liable to be dismissed on the principle of res judicata

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6. Accordingly, the Writ Petition is dismissed leaving open the remedies available to the petitioner under law. There shall be no order as to costs. Miscellaneous petitions, if any, shall stand closed.

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______________________ JUSTICE K.C.BHANU

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_______________ JUSTICE ANIS

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SEPTEMBER 11, 2014 YVL

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THE HON'BLE SRI JUSTICE K.C.BHANU AND

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THE HON’BLE MRS JUSTICE ANIS

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WRIT PETITION No.20190 OF 2005

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DATE:11.09.2014

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YVL

Smt. M.Josephine v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Smt. M.Josephine v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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