Allowed

Smt. Cheemala Nagaratnamma v. The State of Telangana and 5 Others

Telangana HC25 Mar 2022WP/10478/2022

Case brief

AI extract

What is this about?

In a special original jurisdiction writ petition challenging a demolition notice regarding a mini function hall construction, the High Court of Telangana allowed the petitioner's withdrawal of the petition with liberty to challenge a subsequent order.

What did the court decide?

Permission granted to withdraw the writ petition with liberty to challenge the subsequent order dated 14.02.2022 passed by the Panchayat Secretary.

Smt. Cheemala Nagaratnamma Vs The State of… — Pension and Retirement Benefits | Telangana HC (2022)

¶1

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

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FRIDAY, THE TWENTY FIFTH DAY OF IVIARCH TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY

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WRIT PETITION NO: 10478 OF 2022

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Between:

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Smt. Cheemala Nagaratnamma, W/o. lr/ohd. Jani Baba, Aged 38 years, Occ. House wife, R/o. H No.^'128 Hanumanthupadu, Sudimalla Village, Yellandu lVlandal, Bhadradri Kothagudem District.

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...PETITIONER

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AND

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1 The State of Telangana, Rep by its Principal Secretary, Panchayat Raj Department Secretariat, Hyderabad.

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2 The District Collector (Panchayat Raj Wing), Bhadradri Kothagudem District, Kothagudem.

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The District Panchayat Officer, Kothagudem, Bhadradri Kothagudem District

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The Tahsildar, Yellandu I,4andal, Bhadradri Kothagudem District.

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l.rlandal Panchayat Officer, It4andal Praja Parishath, lllandu Bhadradri Kothaguddm District.

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Bojjaigudem Grampanchayat, Bojjaigudem, lllandu^l\rlandal, Bhadradri Kothagudem District. Rep by its Panchayat Secretary.

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...RESPONDENTS

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Petition under Article 226 o'f the Constitution of lndia^praying that^{in the} circumstances stated rn the affidavit filed therewith,^{the High Court may be} pleased to issue a Writ, Order or direction more in the nature of [,4andamus, declaring the action of the 5th respondent in issuing Notice^{dated 2911012021vide} Rc. No. 0212021 in trying to demolish the construction^{of the mini function hallin} the petitioners lands situated in Sy. No. 237124A^{admeasuringto an extent of} Ac. 1.20 gts situated at Boj.iaigudem Grampanchayat,^{lllandu Mandal,Bhadradri} Kothagudem District without considering^{the construction permissionapplication} pending before the 6th respondent dated 30/04/2021^{and also the reply dated} 01111t2O21 to the notice filed^{by the petitionerswithout consideringthe same,the}

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impugned notice is given for demolition of the function hall is highly illegal, arbitrary and against the principles of natural^justice and also violative of Articles 14, 19,21 and 300-4 of Constitution of lndia by setting aside the said notice dated 2911012021 and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioner property by considering the construction permission application dated 30/04/2021 and also the reply dated 0111112021 of the petitioner in the interest of justice.

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lA NO: 2 OF 2022

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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 pleased to taken up the matter under the caption of FOR BEING IVENTIONED to modify / rectify the order passed by this Hon'ble Court in W.P.No. 10478 of 2022 dated 07103t2022.

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lA NO: 1 OF 2022

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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 pleased to grant STAY of demolition of the mini function hall"of the petitioners property in Sy No. 2371244 admeasuring to an extent of Ac.1 .20 gts situated at Bojjaigudem Grampanchayat, lllandu [t/andal, Bhadradri Kothagudem District, pending disposal of the mAin writ petition.

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Counsel for the Petitioner: SRI P. V. KRISHNAMACHARY

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Counsel for the Respondent Nos. 1 to 3: GP FOR PANCHAYAT RAJ

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Counsel for the Respondent No. 4: GP FOR REVENUE

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Counsel for the Respondent Nos. 5 & 6: SRI C. KALYAN RAO,

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SC FOR MPPS/ GRAM PANCHAYAT

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The Court made the following: ORDER

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THE HON,BLE SRI ,USTICIT A. ABHISHEI( REDDY

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\4IRIT PETITION No.10478 o f 2022

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QBLEnt

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L.earned colrnsel for the petitioner seeks }rermission of this Court to withdraw the present Writ Petition with liberty to the petitioner to challenge the orc'ler clated 14.02.2022, passed by the panchayat Secretary, Bojjaigudem Grarnpanchayat.

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Permission is accorded and the Writ Petition is dismissed as withdrawn with the libelty as prayed. However, it is made clear that this order does not Preclude the resPondent authorities from taking action against the petitionel in accordance with law.

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Miscellaneous applicatior-rs, if any periding, shall stand closecl. There shall Lre no orcler as to costs.

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SD/-K.AMMAJI ASSISTANT REGISTRAR ,TRUE COPY' tltk SECTION OFFICER

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To,

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One CC to SRI P. V. KRISHNAIVACHARY Advocate [OPUC]

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One CC to SRI C, KALYAN RAO, SC^{FORMPPS/GRAM PANCHAYAT} [oPUC]

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3, Two CCs to GP FOR PANCHAYAT^{RAJ, High Courl for the Stateof} Telangana at Hyderabad. [OUT]

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Two CD Copies.

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One spare^coPY.

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NPJ

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BS ^.^{\ ^L</sup> ,{\}

HIGH COURT

DATED:2510312022

ORDER

WP.No.10478 of 2022

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¶49

DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS. d\ Qolq>L \ "' +^z

Smt. Cheemala Nagaratnamma v. The State of Telangana and 5 Others

Case brief

What is this about?

What did the court decide?

Smt. Cheemala Nagaratnamma v. The State of Telangana and 5 Others

Case brief

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What did the court decide?

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