Writ petition challenging inaction regarding unauthorized erection of an iron dabba by an unofficial respondent. Court disposed of the petition pending a report on pending civil dispute and site observation findings.
Writ petition disposed of without costs, with liberty to the petitioner to approach the court again if aggrieved.
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.
[3230 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
SATURDAY .THE TWENTY NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTYTWO
PRESENT
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO: 3483 OF 2022
Between:
Mubeen Qureshi, S/o Sk. Saleem, Aged about 31years, Occ:Business, R/o H.No.7-174, lslampura, Bela Mandal, Adilabad District, Telangana State
...PETITIONER
AND
Respondent No.6 and 7 are R/o. Bela Village and Mandal, Adilabad District, Telangana State
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tojssue any Writ, order or direction more particulaily one in the nature of WRIT OF t?tRruOeUUS declaring the action of the official Respondents not taking action against the illegal and unauthorized erection of lron Dabba by the Respondent No.6 at the instance of Respondent No.7 infront of the Petitioner's house bearing No.7-174 (GP.No.5-382), admeasuring 66.66 Sq. yards, situated at Ambedkar Chowk, Beta Village and Mandal, Adilabad District, Telangana State, inspite of representation made by the Petitioner dated 03/01/2022 and 2911112021 as illegal, arbitrary and violation of natural justice and consequently direct the official Respondents to remove t.re illegal and unauthorized lron Dabba erected by the Respondent No.6 infront of the Petitioner's house bearing No.7-174
(GP.No.5-382), admeasuring 66.66 Sq.yards, situated at AmbedkarChowk,Bela Village and IVlandai, AdilabadDistrict, Telangana State
lA NO: 1 OF 2022
Petition under section 151CPC prayingthat in the circumstances statedin the affidavit filed in support of thepetition,the High Court maybe pleasedto direct the official Respondents toconsiderthe representationsof the Petitioner dated 03-01-2022 & 29-11-2021andremovethe illegaland unauthorized lron Dabba erected by the RespondentNo.6 infront of the Petitioner's house bearing No.7-174 (GP.No.5-382), admeasuring66.66 Sq. yards, situatedat Ambedkar Chowk, Bela Village andtvlandal, Adilabad District, Telangana State,pending disposal of main Writ Petition.
Counsel for the Petitioner:SRl.M.A.K.MUKHEED
Counsel for the RespondentNo's. 1,3& 4: GP FOR PANCHAYAT RAJ RURAL DEV
Counsel for the RespondentNo.2:SRlR.CHANDRA SHEKHAR REDDY (SC FOR TS ZILLA PARISHADS)
Counsel for the Respondent No.S:SRlC.K.ALYANRAO (SCFOR GRAMPANCHAYAT)
Counsel for the Respondent No'S 6 &7:SRlK. AJAYKUMAR
The Court made the following: ORDER
TIIE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION No.3483ot2 o22
OR DER:
The writ petition is filed seeking the following relief:
,,.... to issue any Writ, order or direction r nature of WRIT OF lvtaNna^rrra r^^,^: ., '--:-'..'J urrc rr fne Responden,s "; ilxlx"l# :-lT:rul t{tr#i".#X* erection of lron, Dabba by the Respondent No.6 at the instalce of Respondent No.7 infront of tne petltlonerfl No.5-382), admeasuring 66.66 sq.yards "il:iJ ::TIiJ*,#"ii: Bela Village *O yTdrr: AdilabJ Oi"tri"t, Telangana State inspite of representation made by the petitioner dated O3.O1.i0 r, *rO ,r.-ri.i,ii as illegal, arbitrary and violation of natural justice and consequently direct the official Respondents to remove-ii. ,t.gat and unauthorized iron Dabba erecl:ed by the Rcspondent No.O i.rf.o.rt of the petitioner,s house bear.ing No.7 77.4 1Ce rvo.S a8i1, iai"r"r.i.rg 66.66 Sq.yards situated at Amberlkar Chowk, Bela Viil";; ;; Mandal, Adilabad District, Telangana State and . . ..,,.
2
with law dulyputting the unofficialrespondents on notice calling for their explanationand pass necessary orders and action t:rken rcport shall be filed bcforethis court.
T.Pursuanttotheinterimorderspassedbythiscourt,areportiS placed before this courtwherein it is statedthat the representation of the petitioner was disposedof on 19 '02 '2022'The respondentsin the said proceedings have observedthat theyvisitedthe site on 19'02'2022along with PanchayatSecretary and MandalPanchayat ofhcer and enquired as
l
per the record and as per the record, the H.No.7-l?4does not pertain tcr the petitioner and the said house number i s ir t tn the name of one Bavne Adelru and on further ,..,"",:,:: ^".:""'"t't bv the petitioner, there is a house bearing "";::;:::'r"":::,,:- Saleem eureshi which is purchased by euddis eureshi by way of registered sale deed and in view of that, they could not take any further action. It is further observed that there is a land issue between the petitioner and unofficial respondent and a civil suit i.e.O.S.No. 144 of 2021is pending in that regard. He submits that the petition that is fired by the petitioner is a false petition and hence, the same has to be dismissed.
8 Learned counsel for the pedtioner submits that the said proceedings copy is not served on the petitioner 9. Hence, the writ petition is disposed of giving liberty to the order petitioner as to question costs. the said proceedings if he is aggrieved O, ,n. ""_.. ;;
Miscellarteous petitions, if any pending in this writ petition sha,, stand closed.
\
//rRUE copy//DEpiffiBfl.rff]il SEcTIoN J'i,"= 1 gi:€li?3[1f."j1""ffi,Panchavat Raj Department, state or reransana, z r ne Urstrict Collector, Adilabad District .,@^._
To,
GB GJP
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HIGH COURT
DATED:2911012022
ORDER
WP.No.3483 ot 2022
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DISPOSING OF THE WP
WITHOUT COSTS. (,c'P"} t-)a
2 issues framed by the court
Whether the High Court should issue a writ of mandamus directing the official respondents to remove the illegal iron dabba erected by the unofficial respondent in front of the petitioner's house.
Whether the representation of the petitioner was properly considered by the respondents before taking/inaction.
Mubeen Qureshi
The State of Telangana
Sarfaraz
Iqrshad
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
