Disposed

Chanda Babu Rao, v. The State of Telangana

Telangana HC8 Aug 2017WP/26420/2017

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a petitioner aggrieved by an interim stay order in a land share dispute pending before an Agency Court. The Court directed the Agency Court to consider the pending files and intervention application within ten days while preserving all defenses.

What did the court decide?

Direction to the 3rd respondent to consider File No.227 of 2016 and I.A.No.2 of 2016 within ten days.

Chanda Babu Rao, Vs The State of Telangana — Civil Procedure and Limitation | Telangana HC (2017)

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THE HON’BLE SRI JUSTICE P. NAVEEN RAO

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WRIT PETITION No.26420 OF 2017

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Dated:08.08.2017

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Between:

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Chanda Babu Rao, S/o. Late Ganapathaiah, Aged about 71 years, Occ: Agriculture, R/o.Bayakkapeta Village, Tadavai Mandal, Jayashankar – Bhupalpally District .. Petitioner

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And

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The State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others .. Respondents

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The Court made the following:

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THE HON'BLE SRI JUSTICE P. NAVEEN RAO

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WRIT PETITION No.26420 OF 2017

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ORDER:

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Petitioner alleges that respondents 4 and 5 filed a case in File No.227 of 2016 before the Agency Court, the 3^rd respondent, claiming that they are entitled to 1/3^rd share in the share of defendant No.1/petitioner herein and 1/11^th share in Sammakka Saralamma Jathara and for other reliefs. Respondents 4 and 5 have also filed I.A.No.2 of 2016 praying not to disburse 1/11^th share to respondent No.1/petitioner herein and ex parte interim orders were granted by the Agency Court on 08.03.2016. According to petitioner, after receiving notices, petitioner entered appearance and thereafter there was no further hearing and on account of interim order granted by the Agency Court, grave prejudice is caused to the petitioner. In this Writ Petition, petitioner seeks direction for early consideration of File No.227 of 2016 as well as I.A.No.2 of 2016 by the 3^rd respondent.

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When the matter is taken up for consideration, learned counsel for the petitioner as well as learned Government Pleader for Revenue submit that W.P.No.26431 of 2017 is filed by another person claiming similar relief as sought in this Writ Petition concerning File No.226 of 2016 pending before the same authority and this Court disposed of the said Writ Petition to pass orders within a period of ten days from the date of receipt of a copy of the order.

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In view of the similar direction issued by this Court in W.P.No.26431 of 2017 dated 08.08.2017, this Writ Petition is also disposed of directing the 3^rd respondent to consider I.A.No.2 of 2016 as well as File No.227 of 2016 in main case itself and pass appropriate orders as warranted by law within a period of ten days from the date of receipt of a copy of this order. It is made clear that there is no expression of opinion and all defences of petitioner as well as respondents 4 and 5 are preserved to be agitated in the case pending before the Agency Court. There shall be no order as to costs.

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Miscellaneous Petitions, if any, pending in the Writ Petition

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shall stand closed.

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____________________
P. NAVEEN RAO, J
Date:08.08.2017
KH

Chanda Babu Rao, v. The State of Telangana

Case brief

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Chanda Babu Rao, v. The State of Telangana

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