Disposed

Sri. Uppu Jagadishwar v. The State of Telangana and 6 others

Telangana HC20 Oct 2022WP/22334/2022

Case brief

AI extract

What is this about?

Petitioner sought writ of mandamus to stop illegal construction by Sarpanch and inaction by authorities. The bench noted a prior interim order and recorded submission by respondent standing counsel. The petition was disposed of.

What did the court decide?

Directing respondents to consider representations and pass orders within two weeks; Petition disposed without costs.

Sri. Uppu Jagadishwar Vs The State… — Constitutional and Fundamental Rights | Telangana HC (2022)

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

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THURSDAY. THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

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WRIT PETITION NO: 22334 OF 2022

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Between:

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Sri. Uppu Jagadishwar, S/o Baswaraj, aged about 44 years, Occ Agriculture, R/o. Bomraspet village, BomraspetMandal, Vikarabad District, (Old Mahabubnagar

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...PETITIONER

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AND

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1 The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat buildings, B.R.K.R Bhavan, Tankbund Road, Hyderabad.

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2 The District Collector, Vikarabad District, (Old Mahabubnagar District), T.S

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J The District Panchayath Officer, Vikarabad District, (Old Mahabub Nagar District), T.S.,

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4 The Mandal Parishad Development Officer, Bomraspet Mandal, Vikarabad District, (Old Mahabub Nagar District), T.S.,

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5 The Gram Panchayath, represented by Panchayath Secretary, Bomraspet Village,Vikarabad District, T.S.,

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6 The Sarpanch, Gram Panchayath, Bomraspet Village, Vikarabad District, T.S.,

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Sri. Kovvuru Santosh Kumar, S/o Prabhulingam, aged about 35 years, Occ Agriculture, R/o. H. No. 3-34, Bomraspet village, BomraspetMandal, Vikarabad District, (Old Mahabubnagar District), T.S.,

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..,RESPONDENTS

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Petition under Articre 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 a writ order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the respondents in considering the representations dated 2.1-03-2022, 11-03-2022 and 1z-og-2o20 to stop the illegal and unauthorized construction constructing by the village sarpanchi.e. respondent

¶19

No.6 and his sr n i.e. respondent No.7 in the petitirner'i. open land by manipulating the anchayalh record is highly illegal, arb trary and violation of Principles of Natur ll Justice and in violation of Artrcles 14 ?1 end 300-4 of the Constitution of lndi and consequently direct the responoen: No.2l and 3 to cause enquiry upon the respondent No.6 by disposing of the representations in accordance with thr law within stipulated period and further Cirect the respondent No.2 and 3 to stop :he illegal and unauthorized constructiorr constructing by the respondent Nos.6 a rd 7 (village sarpanch and his sons) in tire petitioners open land.

¶20

lA NO: 1 OF 2022

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Petition under iection 151 CPC praying that in the circunrstances stated in the affidavit filed in : upport of the petition, the High Court rnay lre pleased to lnterim directions to the respondent No.2 and 3 to cause enqLriry upon the respondent No. 6 by lisposing of the representations within stitrrulated period or further direct the resp rndent No.No.2 and 3 to stop the illegal and unauthorized construction constructi g by the respondent Nos.6 and 7 (village' sarpanch and his sons) in the petitioner's open land.

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Counsel for the Petitio rer: SRI GIRAPNOR UMESH PATIt-

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Counsel for the Respor dent Nos. 1 & 2: GP FOR REVENIJE

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Counsel for the Respor Cent Nos. 3 to 6: SRI P. KISHORE RAO,

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SC FOR GRAM PANCTIAYAT

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Counsel for the Respor Cent No. 7: NONE^APPEARED

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The Court made the foll< wing: ORDER

t ;

l I

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

¶32

WRIT PETITION No.22334 of 2O22

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ORDER:

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The writ petition is filed seeking the lollowing relief:

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".... to issue any appropriate^q,rit, order or directions more in the nature of Writ of Mandamus declaring the inaction of the respondents in considering the representations dated 2l-03 2022 and ll-O3-2022 to stop the illegal and unauthorized construction constructing by the village sarpanch i.e.respondent No.6 and his son i.e. respondent No.7 in the petitioner's open land by manipulating the panchayath record is highly illegal, arbitrary and violation of Principles of Natural Justice and in violation of Articles ).4, 2l and 3OO-A of the Constitution of India and consequently direct the respondent No.2 and 3 to cause enquiry upon the respondent No.6 by disposing of the representations in accordance with the law within stipulated period and further direct the respondent No.2 and 3 to stop the iJlegal and unauthorized construction constructing by the respondent Nos.6 ald 7 (village sarpanch and his sons) in the petitioner's open land and ....".

¶36

Mr. G. Umesh Patil, learned counsel for the petitioner submits that this court by order dated 14.07.2O22 has directed the respondents to consider the representation made by the petitioner on 11.03.2022 ar,d 21.03.2022 and to take necessary action in accordalce with law, duly putting a1l the parties on notice and calling for an explanation. It was also directed that the action taken report shall be filed by the next date of hearing.

¶37

Mr. P. Kishore Rao, learned standing counsel for the respondent grampanchayat submits that they will come up with a report before this court.

¶38

¶39

)

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4 . In vi^,r.r' of the orders passed by this c,rtr: t on 14.07 .2022, the respondents :hall consider the said represen tatiol^r s nrrrdc b].- lhe petitioner and pass aJ propriate orders after giving duc n('tice to the unolficial respondent. lhe entire exercise shall be completecl urthin a period of two (2) u,eeks fro: r the date of receipt of copy of the ord,:r. [t is always open to the aggrieve< parties to question the orders that will lre passed by the respondents.

¶41

Accc'dingly, the writ petition is disposed ol. No order as to costs.

¶42

Mis<:llaneous petitions. if any pending in this^,irrit petition shall

¶43

stard closed

¶44

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¶45

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¶46

¶47

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¶48

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¶49

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¶51

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¶52

6 The Pancl^{ayath Secretary' Gram Panchayath' Bomraspet Village'Vikarabad}

¶53

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¶54

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¶55

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HIGH COURT

DATED:20110li 022

ORDER

WP.No.22334 )f 2022

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¶68

DISPOSING C F THE WRIT PETITION WITHOUT CO 3TS.

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Sri. Uppu Jagadishwar v. The State of Telangana and 6 others

Case brief

What is this about?

What did the court decide?

Sri. Uppu Jagadishwar v. The State of Telangana and 6 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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