Dismissed

Nemmani Ramana Murthy, v. The State of Telangana, Rep. by its Principal Secretary

Telangana HC11 Dec 2019WP/32821/2017

Case brief

AI extract

What is this about?

This order dismissed two writ petitions challenging the delay in granting an Occupancy Right Certificate and the allotment of adjacent land to a 7th respondent as arbitrary and violative of fundamental rights.

What did the court decide?

W.P. No. 32821 of 2017 dismissed; W.P. No. 29061 of 2018 dismissed; petitioner directed to work out remedies on the order of rejection.

Nemmani Ramana Murthy, Vs The State of Telangana, Rep. by… — Land Acquisition | Telangana HC (2019)

¶1

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO

¶2

WRIT PETITION NOs.32821 OF 2017 & 29061 OF 2018

¶3

Date: 11.12.2019

¶4

Between:

¶5

Nemmani Ramana Murthy S/o.N.Rama Murthy, Aged about 40 yrs, Occu : Purohith, R/o.Plot No.35, Near Ruthu Bazar, Masjid Street, Shapur Nagar, Hyderabad

¶6

…..Petitioner

¶7

And

¶8

The State of Telangana, Rep., by its Chief Secretary, Secretariat, Hyderabad & others

¶9

…..Respondents

¶10

The Court made the following:

¶11

¶12

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO

¶13

WRIT PETITION NOs. 32821 OF 2017 & 29061 OF 2018

¶14

COMMON ORDER:

¶15

Heard learned counsel for the petitioner and learned Government Pleader for Revenue.

¶16

W.P.No.32821 of 2017 is filed by the petitioner seeking to declare the action of respondents more particularly the respondent No.3 in not deciding the petitioner’s case in file No.J/618/2008 as being arbitrary, illegal and violative of Articles 14, 19(1) (g), 21 and 300A of the Constitution of India and consequently direct the respondent No.3 to forthwith dispose of the above case in respect of land in Survey No.146 admeasuring Ac.0-14 guntas, Sy.No.148 admeasuring Ac.0-17 guntas and in Sy.No.162 admeasuring Ac.0-30 guntas, situated in Jeedimetla (Village), Quthbullapur (Mandal), Medchal District.

¶17

W.P.No.29061 of 2018 is filed by the petitioner seeking to declare the action of respondents more particularly the respondent Nos.1 and 2 in issuing G.O.Ms.No.158, dated 09.08.2018 proposing to allot land in Sy.No.163, Admeasuring Ac.0-20 guntas, Jeedimetla (Village) Quthbullapur (Mandal), Medchal District, as an access to his land in Survey No.162 Jeedimetla (Village) Quthbullapur (Mandal), Medchal District, treating the same as the land of the Un-official respondent as being arbitrary, illegal and violative of Articles 14, 19(1) (g), 21 and 300A of the Constitution of India and consequently direct the respondents to keep the impugned G.O.Ms.No.158 dated 09.08.2018 in abeyance.

¶18

¶19

In W.P.No.32821 of 2017, it is alleged that the application filed by the petitioner to grant Occupancy Right Certificate (ORC) in respect of land to an extent of Ac.0-14 guntas in Sy.No.146, Ac.0-17 guntas in Sy.No.148 and Ac.0-30 guntas in Sy.No.162 of Jeedimetla village, is not acted upon for a long time and the same is illegal.

¶20

In W.P.No.29061 of 2018, petitioner is aggrieved by the order of Government in issuing G.O.Ms.No.158 allotting Ac.0-20 guntas of land in Sy.No.163 of Jeedimetla Village to the 7^th respondent on the ground that his application for grant of ORC is pending consideration of the competent authority.

¶21

When the matters are taken up, learned Government Pleader for Revenue, produced copy of the proceedings of Special Grade Deputy Collector & Revenue Divisional Officer, Ranga Reddy East Division, in proceedings No.J/618/2008 dated 30.11.2009, wherein the representation of petitioner for grant of ORC was rejected.

¶22

According to learned Government Pleader, a copy of the said proceeding was already sent to petitioner long ago, whereas, learned counsel for the petitioner denies receiving of copy of the said proceedings. Therefore a copy of the said proceedings is now furnished to learned counsel for the petitioner.

¶23

In view of the same, the cause in W.No.32821 of 2017 does not survive and the same is accordingly dismissed.

¶24

In view of dismissal of W.P.No.32821 of 2017, W.P.No.29061 of 2018 is also dismissed, leaving it open to the petitioner to work out his remedies as available in law, on the order of rejection for

¶25

¶26

grant of ORC. Pending miscellaneous petitions, if any, shall stand closed.

¶27

11^th December, 2019 Rds

Nemmani Ramana Murthy, v. The State of Telangana, Rep. by its Principal Secretary

Case brief

What is this about?

What did the court decide?

Nemmani Ramana Murthy, v. The State of Telangana, Rep. by its Principal Secretary

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

Similar cases

Yetukuri Venu and 2 others Vs The State of Telangana and 4 others

Yetukuri Venu Vs The State of Telangana

Mohan Reddy Chennuru Vs State of Telangana

Chintala Yettaiah Vs The State of Telangana

M/s. Svb Construction and Developers,and 5 others Vs The State of Telangana, and 3 others

Mutham Parambil. Manish Vs The State of Telangana