This judgment records the closure of a writ petition and an interim application. The petitioner alleged illegal road construction without due process. The respondent officials submitted the land was not involved, and the court closed the petition without going into merits.
The writ petition and all pending miscellaneous petitions were closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction)
THURSDAY ,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY
PRESENT
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION NO: 11201 QE2Q20
Between:
Chinthala Sabitha Devi, W/o Chinthala DevenderReddy aged about 51 years Occ. house wife R/o Rampur village, Kazipet mandalWarangal Urban District
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of theconstitutionof lndia prayingthat in the circumstances stated in the affidavitfiled therewith, the HighCourt may be pleasedto issue writ order or directionmore particularlyone in the nature of writ of mandamus declaring the action of therespondents No.1 and 2 in laying the road in the land of the petitioner in survey No. 331/D1/'1extentAc 1.00 situated at Rampur village, Kazipet Mandal, Kazipel N/uncipalitywarngalUrban Districtin collusionwith the respondent No. 3 to5 withoutissuingany noticewith out following the due processof law as arbitrary and illegal and consequentlydirect the respondetnsnot to lay any road without issuing notice andfollowing the due process of law.
lA NO: 1 OF 2020
Petition under Section 151 CPCprayingthattn the circumstances stated in the affidavit flled in supportof the petition,the High court may be pleased to directthe respondents not to lay anyroad in the landof the petitionerin survey No. 33/D1/1 extent ac 1.00gts sitautedat Rampur village, Kazipet muncipality,warangal Urban District pending disposal ofthe abovewrit petition.
IA a:2oF 2020
Petition underSection151 CPC praying that in the circumstances stated in the affidavit firedin support of the petition, the High court maybe pleased to permit the petitioner to amendthe abovewrit petition to change the name of the 1st respondent i.e., The Kazipettr,4un icipality, instead of TheGreaterWarangallr'4unicipalCorporation in the longand short causetitle in WP No 1 1201of 2020'
Counselfor the Petitioner: SRI RAVI KUMARVADLAKONDA
Counselfor the Respondent No'1: SRI N'PRAVEEN KUMAR' SC FOR MUNICIPALITY
Counsel forthe Respondent No'2: SRI M' AJAY KUMAR'SC FOR KUDA
Counselfor the Respondent Nos'3 to 5:----
Thc Courtmarle the lbllowing: ORDER
i :: i
1'IIE IION'BI,[i SRI ,IT]STIC[, CIIAI,I,A K()I),,\NI)A R{N4
WIIIT PI,-'IIT'ION No.l l20l of 202{l
olil)tr]It:
The allegation of the petitioner is that respondent Nos.l and 2 are lal,ing rorrcl in lris land adrneasuring Ac.l.00 in survey No.331lDll1, Ilarnpur Village. Kazipct Mandal,Kazipet Mr-rnicipality, Warangal Urbarr District.
I-earned Standing Counsel appearing fbr respondent No.l anci 2. orr r)r"i.ll instructions" slrbnrit that rro road is bcirrg laid hy the official responclents in thc srrblcet lund.
Recording the above said submission, without going into the merits of'tlie ntatter. thc r,r'rit pctition is closecl. lcaving it open to thc pctitiorrcr to uorli out lrcr' rcnrcclies as availablc in civil law.
Miscellancous Pctitiorrs. if any pcndirrg" shttll stancl e loscd.'l'lrqfc shall [ic rro
orclcr as to costs
SD/-N,CHAN DRASEKHAR ASSISTANTRE
I/TRUECOPY// SE OFFICER
To,
SM (}
t
HIGH COURT
DATED:1310812020
ORDER
WP.No.112A1 of 2020
1 HE S 14
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CLOSING THE WP
WITHOUT COSTS
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1 issue framed by the court
Whether the High Court should maintain a writ petition challenging the laying of a road on petitioner's land without following due process.
2 provisions across 2 enactments
Chinthala Sabitha Devi
The Kazipet Municipality
The Kakatiya Urban Development Authority
Gogineni Nagendra Babu
Ganji Naveen Reddy
Amanche Vihadesh
Challa Kodanda Ram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
