THE STATE OF TELANGANA AT HYDERABAD (Special…
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE THE CHIEF JUSTICE SATISH CHANDRASHARMA AND THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION(PUBLIC INTEREST LITIGATION )NO:'197 0F 2016 AND
WRIT PETtTtON NO.27879 0F 2017
WP(PlL).No.197 of 2016
Betwee n:
Mr. Mandal Binoy, S/o.Mandal Debabrata,Aged about 40 years,Occ: Business, Rio.H.No.5-5-BB5/A, Goshamahal, Hyderabad-5000'12Telangana StateElection Commission of lndia.
...PETITIONER
AND
...RESPONDENTS
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 a Writ, Order or Direction more particularly one in the nature of "Writ of Mandamus" by declaring the action of the Official Respondent Nos. 1 to 4 in failing to evict the Unofficial Respondent Nos.S to 14 occupied by them which is belonging to the Greater Hyderabad Municipal Corporation, which is a Public Property, Situated at Malakunta Cross Roads, Baradari, Goshamahal, Hyderabad in Shop Nos.5-5-698, 5-5-693, 5-5-695, 5-5-697, 5-5-75411, 5-5799/1 , 5-5-B4B/1 , 5-5-BB5/1, 5-5-699 & 73012,5-5-696 contrary to order in W.P.No.10'1 8 of 2015 and W.A.No.756 of 2015 inspite of receiving Legal Notice dL22-04-2016 from the General Public as ex-facie illegal, highhanded collusion, discriminatory, arbitrary, dereliction of duty arising on their part, bygiving colourable exercise of their power in showing silence and consequently may direct the Official Respondent Nos.1 to 4 to evict the Unofficial Respondent Nos.5 to 14 from the aforesaid Shops with an immediate effect, in the interest of justice.
|.A.NO:1 OF 2016(WP(P|L)MP. NO: 336 OF 2016)
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 direct the Official Respondent Nos.1 to 4 to evict the Unofficial Respondent Nos.s to 14 occupied by them which is belonging to the Greater Hyderabad Municipal Corporation, which is a Public Property, Situated at N/alakunta Cross Roads, Baradari, Goshamahal, Hyderabad in Shop Nos.5-5-698, 5-5-693, 5-5695, 5-5-697, 5-5-75411, 5-57991 1, 5-5-84811 , 5-5-BB5/1 , 5-5-699 & 73012, 5-5696, in the interest ofjustice, pending disposal of the main writ petition.
Counsel for the Petitioner : SRI.NAZIR AHMED KHAN
Counsel for the Respondent No.1 : GP FOR MCPL ADMN AND URBAN DEV
Counsel for the Respondent Nos.2 to 4 : SRI.N.ASHOK KUMAR
Counsel for the Respondent Nos.S to 14 : NONE APPEARED
W.P.NO:27 879OF2017
Between:
AND
PetitionUnder Articre 226 of the'co":ll:liln:f ils'iilJfi'33'frutE . i,",.',1'n.1.lt't"d,i n :1" ,;X"xX"i,'J:i#[X' :Xt ;.:::,:J Jffi ,, :[l'; il preased toissue, Y,flno .,"0. to widenrns o1 rne oilli1iolo:ll,T }.l,?l ,,,", iesoondentsin nottaKr dfi1i$ll;,rffi 4$'0,",r,;iit 5-696,contrarYto ordel
I.A.N O:1oF 2017(WP MP.NO:3 4625 oF201 7)
in the circumstancesstated in the petition aff idavit underf iled in sectionsupport of 151 the cPC qi3yi"9-tl?lpetitlon' 'th^e l-t.].oo-nO"nt ,"r'r inutt maYUo'S be to Pleasedevict.theto :::i.:; ;l;;;saiof ttre writ Petition directthe t< "i56'-sq.vos Goshamahal' u u a'ul"O-' 30-0'1-2017vide " ?,'"'iilXn B:";l':.""i;, n t 1u " ?nl ?',1, ",,11' ilyfl?3iJ",=1;o* fr2,,0,, RBAND Ev ;;;1ilfilti'ffi;3*ffi #l'EJ *
II i
THE HONIBLE THE CIIIEF JUSTICE SATISH CHANDRA SHARMA AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR, SHAVILI
W,P IPILl.No.1 97 of 2OL6 and W.P.No.27879 of 2OI7
COMMON ORDER: eer the Hon,ble ttrc Chief Justice Satish Chandrct Sharma)
W.P (PIL).No.197 of 2016 has been fiied as a public interest litigation and a prayer has been made before this Court to remove the encroachments for the purpose of widening of the road.
I-earned counsel for the petitioner has stated before this Court that the widening of the road has already taken place rendering the puhrlic interest iitigation as infructuous.
The other writ petition i.e., W.p.No.27879 of 2017, is also in respect of the same road"
In the light of the aforesaid, W.p (pIL).No.l9T of 2016 and W.P.No.27879 of 2Ol7 are disposed of as infructuous.
I
The miscelianeous applications pending, if any,
shall stand closed. There shall be no order as to costs.
SO/-K.VENKAIAH ASSISTANT REGISTRAR
,TRUE COPY//
\
SECTION OFFICER
To
S.A
,N-
HIGH COURT
DATED:01 104t2022
ORDER
1t{ a STAI€.
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W.P.(P.I.L).NO: 197 OF 2016 AND
W.P.NO.27879 0F 2017
DrsPoslNG OF THE WP (PtL) & wP AS INFRUCTUOUS WITHOUT COSTS.
U
X
CI1
I 1
Mr. Mandal Binoy
Katam Praveen
The State of Telangana
The Greater Hyderabad Municipal Corporation
Abji Patel
Satish Chandra Sharma
Abhinand Kumar Shavili
As recorded by the court registry
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