The High Court of Telangana dismissed the writ appeal as it was an ad-interim order. The Court held appellants were at liberty to move an application for modification to the learned Single Judge but declined to express an opinion on the merits at this stage.
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.
[32s5 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THURSDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTYTWO
PRESENT
THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND THE HONOURABLE SRI JUSTICE C.V, BHASKAR REDDY
WRIT APPEAL NO: 672 OF 2022
Writ Appeal under Clause 15 of the Letters Patent preferred against the Order datedl3/09/2022in1.A.No.1 of 2022inW.P.No.35682ot2022 onthefileof theHigh Court.
Between:
... Petitioners/Appel lants
AND
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 pleased to suspend the order passed in l.A.No.1 of 2022 in W.P.No.35682 of 2022 daled. 13-09-2022, pending disposal of Writ Appeal.
Counsel for the Appellants: SRI T. SRIKANTH REDDY FOR GP FOR REVENUE
Counsel forthe Respondents: NONE APPEARED
The Court delivered the following: JUDGMENT
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THE I ON'BLE THE CHIEF JUSTICE UJ.IAI, B EI'tryA,N AND T)IE ION'BLE SRI JUS'fICE C.V.BIIAS){AIT FIJ DD'T
WRIT APPEAL No.672 of 2O22
JUDGMENT: Oer t\e Hon'ble the CrLtcI Justtrr- ujjat Btugatu)
Heard Mr. T.Srikanth Reddy, learned Covernment
Pleader for I levenue appearing for the appellan:s
l
yards in Survey No.149 (parti situated at Cha-ndanagar Village, Serilingampally Mandal, Ranga Redd;r District, on the alleged ground that such land was Government land. karned Single Judge while issuing notice before admission vide the order dated 13.09.2022 granted interirn suspension as prayed lbr by rr:spondents No.l and 2 with further direction to the appellants not to interfere with the subject property in any manner and on the construction being carried out thereon until fi.rrther orders. Order dated 13.O9.2022 reads as under:
"Notice before admission.
Learned Assistant Governrnent Pleader for Revenue takes notice on t'ehalf of the respondents and seeks time for hling counter.
A perusal of the impugned order, dated O8.O9.2O22 shows that notice under Section 7 of tJ e Telangana State Land Encroachment Act, 1905 was not served on the petitioners, but the same was pastecl on the wall adjacent to the alleged encroached portion of the land. The impugned order came to be passed without giving any opportunigr to the petitioners directing the petitioners to vacate the property within three (3) days from the date of receipt of said order.
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According to learned counsel for the petitioners, the said order was served on the
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pet tioners on 12.09.2022 and responcle nt Nos.5 anc 6 have started demolishing the structures exir ting in the subject properq'rvit'-rc ut even war Ling for three days time mentioned in the notice.
In the circumstances, there shall br: interim sur pension, as prayed for. It is further directed that res:ondent Nos.2 to 6 shall not interfere withthe sul rject property in any manner and the cor 'strLlction thereon, until further order,s.
Learned Assistant Government Pl:ader for Re,enue shall communicate this orcle: to the rer pondents forthwith.
Post on lB.1O.202'2."
4
-'--.
Miscellaneous applicatiori s pending, if any, shail
stand closed. However, there sf,all be no orderas to costs.
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SD/-B.SAfiAVATHI DEPUTY REGISTRAR //TRUE coPY// qD SECTION OFFICER To, 1 . Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] 2. One CC to SRI E VENKATA SIDDARTHA, Advocate.[OPUC] 3. Two CD Copies 4. One Spare Copy CHR BS
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HIGH COI..IR T
DATED:2011 )12022
JUDGMENT
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W.A.No.672 ctf 2022
DISMISSING THE WRIT APPEAL WITHOUT CC STS
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1 issue framed by the court
Whether the High Court should entertain the writ appeal for modification of the ad-interim suspension order.
The State of Telangana, Rep. by its Principal Secretary Revenue
The District Collector, Ranga Reddy District
The Revenue Divisional Officer, Rajendra Nagar Division
The Tahsildar, Serligampally Mandal
The Deputy Collector, Serligampally Mandal
The Revenue Inspector, Mandal Girdwar
Ujjal Bhuyan
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
