Second single judge dismissed Writ Petition No. 9026 of 2008 and Miscellaneous Petition No. 11962 of 2008 for default on the application date due to non-appearance of petitioner counsel.
Dismissal of Writ Petition No. 9026 of 2008 and Miscellaneous Petition No. 11962 of 2008 without costs for non-prosecution.
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 AT HYDERABAD
(Spec ial Original Jurisdiition)
[/ONDAY. THE TWENTY THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION NO: 9026 OF 2008
Betwee n:
AND
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or direction, more particularly a writ in the nature of Mandamus, declaring the action of the 3rd respondent in passing orders vide proceedings No. CW/513/LCMest/SNF, dated 08.04.2008 against the petitioners concerning their respective properties in Sy.No.13 of Bobbaguda village, Balanagar It4andal, R.R. District, without following the due procedure as mandated under lhe Public Premises (Eviction of Unauthorised Occupants) Act, 1971 , especially without conducting any enquiry under Sections 4 & 5 of the said Act, and without followrng the principles of naturaljustice, as being arbitrary, unjust, procedurally ultra vires,
apart from being in violation of Articles 14 and 300-A of the Constitution of lndia, and consequently set aside the above said proceedings.*
WPMP. NO:'t1962 0F 2008
Petition under Section 151 CPC praying that in the circurnstances stated in the affidavit filed in support of the petition, the High Court may be plr:ased to suspend the operation of the impugned proceedings No.CW/S13/LC/West/SNF, dated 8.4.2008 pending disposal of the above Writ Petition.
Counsel for the Petitioners: SRI P. HEMACHANDRA (NOT PRESENT)
Counsel for Respondent No. 1: SRI R. S. MURTHY (ADD CGSC)
Counsel for Respondent Nos. 2 to 4: SRI P. BHASKAR
The Court made the following: ORDER
IHE HON'BLE SRI JUSIICE ABHINAND KUMAR SHAV,tI
WR IT IIII NN ^o o 20 a
ORDER:
Todoy ihough lhe moiter is lisied under tne coolion for r:"i is m isso i' . I o n e cl o p eo re d f or_ I h e ee 1 i iio n ers
A perusol of lhe record drscloses thot ihere wos no representotion for the petitioners on I I .08.2021 ond iherefore, the motter wos directed lo be listed under the coption ,for dismissol, on )6.A8.2A/. Agoin on l6.OB.2O2I , none oppeored for the petitioners ond lhe moiler wos directed to be listed iodoy. Todoy olso, there is no represeniotion for ihe petiticners though lhe nrotier is iisted under lhe coption,for dismissol,. This Courl hos no other oplion except 1o dtsnriss the cose for defollt
Accordingly, the wrll pelition is dism ssed for defou I oncl for I r..- u'i ..r .').
Perd n!l n.rsce oneoL_is pelttions, if ony, sho siond closecj.
ASSrsrAi?/R[i,ili{i* //TRUE copy// (L
To, 1 One CC to Sri p Hemachandra Advocate One CC to Sri P IoPUC] 2, B haskar Advocate [OPU 4 Two CD One CC Co ptesto Sri RS Murthy, Additional CGSC TOPUC] ne Spare copy MBC TP
SECTION OFFICER
HIGHCOURT
DATED: 2310812021
't e 3TA I€
)
o,J 2 I SEP 2021 LZo
o !'
ORDER
WP.No.9026 of 2008
DISMISSING THE WRIT F'ETITION FOR
NON.PROSECUTION, WITHOUT COSTS
_1
Pochamma, Narsimha Reddy, N. Venkat Reddy, Smt. A. Bhulaxmi, Mahender Reddy, Ramaswamy, M. Rangamma, K. Shashi, G. Siva Prakash, Smt. Lalitha, Narsing, Rohit Ku
The Union of India
Abhinand Kumar Shavili
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
