Dismissed

A. Sampath Kumar v. The State of Telangana and 7 others

Telangana HC4 Feb 2021WP(PIL)/15/2020

Case brief

AI extract

What is this about?

The High Court disposed of two PILs seeking mandamus for eviction of encroachers from government land. The Court held that since encroachers were aggrieved by prior orders of the Tahsildar, their remedies lie in civil court, and the writ petitions sum up dismissal. decided that the matter was disposed of without interference. relaxed its disposal of the matter was disposed of.िका said that the pri

What did the court decide?

The writ petitions were disposed of without interference; aggrieved parties are directed to seek remedies in civil court.

A. Sampath Kumar Vs The State of Telangana and 7 others — Land Acquisition | Telangana HC (2021)

¶1

HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction)

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THURSDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI AND THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

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WP^(PlL) Nos. 15 & 23 OF 2020

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WP^(PlL) No. 15 of 2020:

¶7

Between:

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A. Sampath Kumar, S/o. A. Surender, Aged 29^years, Occ. Bussiness,^Executive Member, Mudiraj Yuvajana Sangam, R/o. H.No. 18-2-111lsla, Jangammet, Falaknuma, Hyderabad, Telangana State- 500 053.

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..PETITIONER

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AND

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1 The State of Telangana, rep. by its Secretary, Revenue^{Department, Secretariat,} Hyderabad. 7.5 - 22

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2 The District Collector, Hyderabad District, Abids, Hyderabad.

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The Tahsildar, Bandlaguda Mandal, Hyderabad^{District, T.S.}

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4 The Deputy Commissioner, Circle- B, GHMC, Chandrayangutta,^{Hyderabad, T.S.}

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5 S. Pushpamma, W/o. Bush Reddy, Aged about^{68 yeqrs, Occ. Household,} ^ Fl/o. H.No.1 8-2-360, Jangammet,' Falaknuma^{Station Road, Hyderabad., T.S.}

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6 t/. Srinivas, S/o. M. Yadaiah, Aged about 40^{years, Occ. Business,} R/o. H.No.18-2-448, Jangammet, Falaknuma^{Station Road, Hyderabad.T'S.}

¶17

7 It4. Prakash Mudiraj, S/o. l/. Laxmaiah, Aged about^{60 years, Occ. Business,} R/o. H.No.8-4-1 71113, Champapet, Hyderabad,^T.S.

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8 M. Vijay Kumar, S/o. Late lV. Satyanarayana,^{Aged aboul 48 years, Occ.} Busirie3s, Rio. H.No.18-2-448, Jangammet,^{Falaknuma Station Road,} Hyderabad, T,S.

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...RESPONDENTS

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Petition under Article 226 of the Constitutron of^{India prayingthat in the} circumstances stated in the affidavit^{filed therewith,the High court may be pleased} to issue an appropriate writ order or direction^{more particularlyone in the nature of} writ of [,4andamus declare the action of the^{official respondentsnot taking any action} against the unofficial respondents who^{grabbed the Governmentlandand} constructing building in Ward No. 261,^Block- G,^{admeasuring595 Sq.Yards} situated at Jangammet, Kandikal Village,^{Bandlaguda Mandal, Hyderabadis illegal'} arbitrary, unco nstitutiona I and violation^{of Articles 14, '16 and 300-Aof constllution} of lndia and consequently direct the official^{respondentsto protectthe government} land.

¶21

lA NO: 1 OF 2020

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Petition under section 151 CPC^{prayingthat in the circumstancesstated in} the affidavit filed in support of the^{petition,the High Court may be pleased to direct} the respondents to stop the^{illegal and unauthorizedbuilding construction in} Government land at ward No. 261,^{Block-G, admeasuring595 Sq. Yardssituated} at Jangammet, Kandikal Village,^{Bandlaguda[t/landal,Hyderabad.}

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Counsel for the Petitioner: SRI^{K. SRINIVAS LEARNEO COUNSEL FOR PETITIONER} Counsel forthe Respondent Nos^l to^{3: GP FOR REVENUE(TG)} Counsel for the Respondent^{No.4: SRI PASHAM KRISHNA REDDY'}

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Counsel for the Respondent^{Nos. 5 to 8: NONE APPEARED}

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STANDING COUNSEL^{FOR GHMC.}

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Contd. . .

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¶28

WP(Pll) No. 23 OF 2020

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Between:

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G. Rajender, S/o. Late Laxmaiah Aged about 51 years, Occ. Business, R/o. H.No.18-2-358, Jangamet, Falaknuma, Hyderabad

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AND

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1 The State of Telangana, Repri:sented by its Chief Secretary, Revenue Department, Secretariat Buildings, Hyderabad.

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2 The District Collector, Hyderabad

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r) The Tahsildar, Bandlaguda Mandal, Hyderabad

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4 The Station House Officer, Chatrinaka Police Station, Falaknuma, Hyderabad

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5 !..^{Pq9l1pam1ng,,Wo..Bush Reddy,Aged about 68 years, Occ. Household,} F|/o. H.No.18-2-360, Jangamet, F-alaknuma Station'Road, Hyderabad

¶37

M. Srinvias, S/o. M. Yadaiah Aged about 40 years, Occ. Business Rl/o. H.No. 18-2-448, Jangamet, Falaknuma Station Roa-d, Hyderabad

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7 Y,^{pgt?sltMud_lraj,} -S/9.^{Late M. Laxmaiah, Aged about 60 years, Occ. Business} R/o. H.No.B-4-1 7 I 1 1 3, Champapet, Hyderabad

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B V. Yijay^Kg.gar,.Q/9. !?tg^{Mr SatyaNarayan,Aged about 48 years,Occ} Business, F/o. H.No.18-2-448, Jangamei, Falalinuma Station Road, Hyderabad

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...RESPONDENTS

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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 rssue an appropriate writ order or direction more particularly in the nature of wRlr oF MANDAIVUS under Article 226 ol lhe constitution of lndia declaring the action of the official Respondents not taking any action against the unofficial respondents who trespassed into the Government land in Ward No.261, Block G, Extent of 595 sq yards, at Jangamet Abadi, Kandikal Village, Bandlaguda Mandal, Hyderabad is illegal, arbitrary, unconstitutio na l, violation of Articles 14,2j and 300-4 of constitution of lndia and consequently direct the Respondents to evict the encroachers from the government land in Ward No.261, Block G, Extent of 595 sq yards, at Jangamet Abadi, Kandikal Village, Bandlaguda Mandal, Hyderabad.

¶42

lA NO: 1 OF 2020

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Petition under Section 151 CPC., praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pteased to direct the Respondents to consider the representation of the Petitioner daled: 02-12-201g and dated 31-12-2019 and to evict the encroachers from the government land in Ward No.261, Block G, Extent of 595 sq yards, at Jangamet Abadi, Kandikal Village, Bandlaguda Mandal, Hyderabad till the disposal of the present W.p. plL.

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Counsel for the Petitioner: SRI M.A.K. MUKHEED

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Counsel forthe Respondent Nos. 1 to 3: Gp FOR REVENUE

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Counsel for the Respondent No.4: GP FOR HOME

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Counsel for the Respondent Nos. 5 to 8: NONE APPEARED

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The Court made the following: COMMON ORDER

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THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI

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AND

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THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION^(PIL) Nos. l5 and23 of 2020

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COMMON ORDER: (Per the Hon'ble the Chief Justice Hima Kohli)

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l. Mr. K. Srinivas, Iearned proxy counsel appears on behalf of learned counsel for the petitioner in W.P (PIL) No. l5 of 2020.

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Mr. M.A.K. Mukheed, learned counsel appears for the petitioner in W.P. (PIL) No. 23 of 2020.

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In view of the counter affidavit filed by the respondent No.3/Tahsildar stating inter alia that appropriate action for removal of encroachment on Government vacant land has been taken and aggrieved by the said action, the private parties have approached the court by filing writ petitions that are pending adjudication,^we do^not propose to take the rnatter further. It is now for the private parties to seek their remedies in larv against the orders passed by the respondent No.3/Tahsildar.

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The present petitions are accordingly disposed ofalong^{with the}

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pending applications, if any.

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SD/.T.KRISHNA KUMAR ASSISTANT REGI ,TRUE COPY//

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SECTI N OFFICER

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To,

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One C.C. to Sri. K. Srinivas, Advocate [OPUC]

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One C.C. to Sri. tt/.A.K. Mukheed, Advocate [OPUC]

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One C.C. to Sri. Pasham Krishna Reddy,^{Standing Counselfor GHMC.} (oPUC)

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Two CCs to GP for Revenue, High Court^for the^{State of Telangana.} [OUT]

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Two CCs to GP for Home, High^{Courtfor the State of Telangana.} [OUT]

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Two CCs to GP for Municipal Administration^{and Urban Development,} High Court for the State of Telangana. [OUT]

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a.----

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HIGH COURT DATED:0410212021

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COMMON ORDER

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WP(P|L). Nos.15 and 23 of 2020

¶72

Disposing of the Writ Petitions.

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lHE S
12 TEENN
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A. Sampath Kumar v. The State of Telangana and 7 others

Case brief

What is this about?

What did the court decide?

A. Sampath Kumar v. The State of Telangana and 7 others

Case brief

What is this about?

What did the court decide?

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