Allowed

Smt. Preeti Gupta, v. The State of Telangana

Telangana HC6 Mar 2020WP/2707/2019

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging the laying of radial plots without notice, declaring such action illegal and arbitrary in violation of constitutional mandates, dismissing respondents' petitions to vacate the interim order.

What did the court decide?

The writ petition shall be allowed in terms of the order dated 20.11.2019 in W.P. No. 12007 of 2019. The respondents are directed not to dispossess the petitioners from the property.

Smt. Preeti Gupta, Vs The State of Telangana — Land Acquisition | Telangana HC (2020)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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FRIDAY, THE SIXTH DAY OF I/ARCH

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TWO THOUSAND AND TWENTY

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PRESENT

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THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

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WRIT PETITION NO: 2707 OF 2019

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Between:

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Smt. Preeti Gupta, W/o Mr. Sanjay Kumar Gupta, aged about 45 years, OccBusiness, No 16-2-752152, SBH Colony, Gaddiannaram, Hyderabad-36.

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Smt. Chetna Gupta, W/o Mr. Avinash Kumar Gupta, aged about 45 years, OccBusiness, Rio 16-2-752152, SBH Colony, Gaddiannaram, Hyderabad-36.

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M/s Vanij Ventures Private Limited, Presently known as Vanij Ventures LLP, Reg. o/o 4-1-970,C-309, 3rd Floor, Upasana Building, Ahuja Estate, Abids Roads, Hyderabad, Rep. by its Director, MR. Sanjay Kumar Gupta,

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Tanguturi lenkata Pradeep, S/o T.N. Prasad, aged about 38 years, OccEmployee, R/o Uday Nagar, Colony, S.R. Nagar Post, Hyderabad-s00 038.

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Smt. Manchella Vijaya Kumari, W/o J.N. Prasad, aged about 68 years, OccEmployee. Fi/o Uday Nagar, Colony, S.R. Nagar Post, Hyderabad-s00 038

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Sri Ranjeet Kumar Tayi, S/o Nanda Kumar Tayi, aged about 38 years, OccSoftware Engineer, R/o B-41 1 , Sector-1 , Sachivalaya Nagar, Vanasthalipuram, HYderabad'

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...pErroNERS

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AND

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The State of Telangana, Roads and Buildings Department Secretariat Buildings, Secretariat, Hyderabad, Rep. by its Principal Secretary

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The District Collector (Land Acquisition), Sanga Reddy, Medak District.

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The Revenue Divisional Officer, Sanga Reddy, Sanga Reddy District.

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The Superintending Engineer (R and B), Redial Roads Division, Balkampet, Hyderabad.

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The Executive Engineer (R and B), Redial Roads Divtsion, Ac Guards, Hydera bad.

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The Tahsildar, Ramachandrapuram Mandal, Sanga Reddy District.

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RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Ivlandamus declaring the action of the respondents laying the radial Plot Nos.58, 59, 4111241A in Sy.No.123lA,1?31A, 1231A, 124 and 136/,4 to an extent of 1000, 1000, 1000, 500 and 550 Sq. yards respectively of Kolluru Village, Ramachand rapuram lMandal, Sanga Reddy District without notice and without following the procedure established under law is highly illegal, arbitrary and in violation of Articles 14 and 300-4 of the Constitution of lndia and consequently direct the respondents not to dispossess the petitioners from the property in Plot Nos.58,.59,41l1241A in Sy.No.'123lA, 1231A, 1231A, 124 and 136/4 to an extent of 1000,^'1000, 1000, 500 and 550 Sq. yards respectively of Kolluru Village, Ramachandrapuram Mandal, Sanga Reddy District for laying the radial road No.7 from Tellapur^junction to Edugulagulapally

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il2il

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lA NO: 1 OF 2019

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Petition under liection 151 CPC praying that in the circurrstances stated in the affidavit filed in support of the petition, the High Court may br: pleased to direct the respondents not to dispossess the petitioners from the property in Plot Nos.58,.59,4111241A in Sy.No.123lA, 1231A, 1231A, 124 and'1 3€,/A to an extent of 1000, 1000, 1000. 500 and 550 Sq. yards respectivell/ of Kolluru Village, Ramachand rapuram l,4andal, Sanga Reddy District for layingr th,: radial mad No.7 from Tellapur^junction to Edugulagulapally pending disposal r:f the above writ petition

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lA NO: 2 OF 2019

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Between:

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1 The State of Telangana, Roads and Buildings Department Ser;retariat Buildings, Secretariat, Hyderabad, Rep. by its Principal Secretary

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2 The Superintencling Engineer (R and B), Redial Roads Divisio'r, Balkampet, Hyderabad.

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3 The Executive Engineer (R and B), Redial Roads Division, Ac Guards, Hyderabad.

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. ['etitioners/Respondents

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AND

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1 Smt. Preeti Gupta, W/o Mr. Sanjay Kumar Gupta, aged abr:ut 45^years, OccBusiness, Rl o 1 6-2-7 521 52, SBH Colony, Gaddiannaram, llyd,arabad-36.

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2 Smt. Chetna Gupta, W/o I,4r. Avinash Kumar Gupta, aged ab,out 45 years, OccBusiness, Rio 16-2-752152, SBH Colony, Gaddiannaram, llydr-.ra bad-36.

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3 M/s Vanij Ventures Private Limited, Presently known as Vanij Ventures LLP, Reg. o/o 4-1^-9 70,C-309, 3rd Floor, Upasana Building Ahuja Estate, Abids Roads, Hyderabad, Rep. by its Director, MR. Sanjay Kumar Gupta,

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4 Tanguturi Venkata Pradeep, S/o T.N. Prasad, aged about 38 years, OccEmployee, Fi/o LJday Nagar, Colony, S.R. Nagar Post, Hyclerabad-500 038.

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5 Smt. Manchella Vilaya Kumari, W/o J.N. Prasad, aged about 68^years, OccEmployee. R/o LJday Nagar, Colony, S.R. Nagar Post, Hyclerabad-500 038

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6 Sri Ranjeet Kurnar Tayi, S/o Nanda Kumar Tayi, aged about 3B^years, OccSoftware Engineer, R/o B-41 1, Sector-1, Sachivalaya Nagar, Vanasthalipuram, Hyderabad.

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....Rer;pondents/Petitioners

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7 The District Coll:ctor (Land Acquisition), Sanga Reddy, Mr:dak District. B The Revenue Divisional Officer, Sanga Reddy, Sanga Recldy District. 9 The Tahsildar, F:amachandrapuram lVlandal, Sanga Reddy Di:;trict.

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(Respondent Nos.7 to 9 are not necessary parties)

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...Respondents/Respondents

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Petition under llection 151 CPC praying that in the circunrstances stated in the affidavit filed in support of the petition, the High Court ma)' be pleased to vacate the interim order dated 13-02-2019^passed in l.A.No.'1 of 2019 in W.P.No.2707 of 2019 and dismiss the above writ petition.

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lA NO: 3 OF 2019

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Between:

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1 The District Col|-.ctor (Land Acquisition), Sanga Reddy, l,4r-'dak District. 2 The Revenue Divisional Officer, Sanga Reddy, Sanga Recldy District. 3 rhe rahsitdar Framachandrapuram ,unor,.t.pi,?93"[R1!J:pJ:rli'il,ips/2,

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3 & 6 in w.p

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il3tl

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AND

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1 Smt. Preeti Gupta, W/o Mr. Sanjay Kumar Gupta, aged about 45 years, OccBusiness, Rlo 16-2-752152, SBH Colony, Gaddiannaram, Hyderabad-36.

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2 Smt. Chetna Gupta, Wo Mr. Avinash Kumar Gupta, aged about 45 years, OccBusiness, Rio 16-2-752152, SBH Colony, Gaddiannaram, Hyderabad-36.

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3 M/s Vanij Ventures Private Limited, Presently known as Vanij Ventures LLP, Reg. o/o 4-1-970,C-309, 3rd Floor, Upasana Building, Ahuja Estate, Abids Roads, Hyderabad, Rep. by its Director, MR. Sanjay Kumar Gupta,

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4 Tanguturi Venkata Pradeep, S/o T.N. Prasad, aged about 38 years, OccEmployee, FVo Uday Nagar, Colony, S.R. Nagar Post, Hyderabad-s0O 038. Smt. Manchella Vijaya Kumari, W/o J.N. Prasad, aged about 68 years, OccEmployee. R/o Uday Nagar, Colony, S.R. Nagar Post, Hyderabad-500 038

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o Sri Ranjeet Kumar Tayi, S/o Nanda Kumar Tayi, aged about 38 years, OccSoftware Engineer, R/o B-411, Sector-1 , Sachivalaya Nagar, Vanasthalipuram, Hyderabad

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.... RespondentsMrit^petitioners

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7 The State of Telangana, Roads and Buildings Department Secretariat Buildings, Secretariat, Hyderabad, Rep. by its Principal Secretary

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8 The Superintending Engineer (R and B), Redial Roads Division, Balkampet, Hyderabad.

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The Executive Engineer (R and B), Redial Roads Division, Ac Guards, Hyderabad.

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...Respondents/Respondent Nos.1,4 & 5 in W.P.

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Petition under Section 15'l CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court may be^pleased to vacate the interim order passed on 1310212019 in l.A.No.1 of 2019 in W.P.No.2707^{o'f 2019} and dismrss the writ petition as devoid of merits.

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Counsel for the Petitioners: SRl. V.V.N. NARAYANA RAO

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Counsel for the Respondent Nos.1, 4 & 5: GP FOR ROADS BUILDINGS

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Counsel for the Respondent Nos.2, 3 & 6: GP FOR REVENUE

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The Court made the following: ORDER

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THE IIoN'BLE SRI JUSTICE CHALLA KODA.NDA RAM

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WRIT PETITION No.27O7 of 2(ll!

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ORDER

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This Writ Petition, under Article 226 of the Cc,nstitution of

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India, is filcd seeking the following relief:

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"declaring the action of the respondents in la.ring the radial I']lot Nos. 58, 59,411124/A in Sy.No.123lA, 123lA, l23lA, 124 artd 136/A to an extent of 1000, IOO(), 1000, 500 aIrd 550 Sq.yards respectively of Kolhrru Village, Ramac:randrapuram Mandal, Sanga Reddy District, withou t notice and without following the procedure established under law is highly illegal, arbitrary and in violaticn of Articles 14 and 300A of the Corstitution of India and consequently direct the respondcnts not to dispos:;ess the petitioners from the property in Plot Nos.58, 59, 4t lt24lA in Sy.No.123lA, r23lA, t23l{, t24 and 13674 to an extent of i000, 1000, 1000, 500 and 550 Sq yards respectively of Kolluru Village, Ramach rndrapuram Mand:,I. Sanga Reddy District, for Iaying the racLial road No.7 from Tellapur^junction to Edugulagulapall.r."

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Learned counsel for the petitioners as well as learned Assistant C overnment Pleader for Land would su bmit that the issue involved in this writ petition is squarely covered by the order of this Court, dated 20.11.2019, in W.P.No. 120O7 of 2O19.

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Follou,ing the said order, dated 20.Il.2o7tt in W.P.No.12007 of 2079 ancl for the reasons stated therein, this \lrrit Petition is also allowed in lerms thereof. There shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this writ pe tition shall stand closed.

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That Rule Nisi has been absolute as above. Witness the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan, on this Friday, the Sixth day of March, Two Thousand and Twenty.

SD/. K AMMAJI

ASSISTANT REGISTRAR

,TRUE COPYiI II

SECTIdN OFFICER

To, 1. The Principal Secretary, Roads and Buildings Department, State of Telangana, Secretariat Buildings, Secretariat, Hyderabad.

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1. The District Collector (Land Acquisition), Sanga Reddy, Medak District. 3. The Revenue Divisional Officer, Sanga Reddy, Sanga Reddy District. 4. The Superintending Engineer (R and B), Redial Roads Division, Balkampet, Hyderabad.

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The Executive Engineer (R and B), Redial Roads Division, Ac Guards, Hyderabad.

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The Tahsildar, Ramachandrapuram Mandal, Sanga Reddy District. 7. One CC to SRl. V.V.N. NARAYANA RAO, Advocate [OPUC] B. Two CCs to GP FOR ROADS BUILDINGS (TG) ,High Court for the State of Telangana. [OUT] 9. Two CCsto GP FOR REVENUE (TG),High Courtforthe State ofTelangana. touTl

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'1 0. Two CD Copies

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(Along with a copyof orderdated 20.11.2019 in W.P.No.12007 of 2019.)

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I,18C

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HIGH COURT CKR,J DA,TEiD:0610312020

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ORDER

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W.P.No.2707 of 2019

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ALLOWING THE WRIT^PETITION WITHOUT COSTS

Smt. Preeti Gupta, v. The State of Telangana

Case brief

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Smt. Preeti Gupta, v. The State of Telangana

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