Dismissed

U. Janamma v. THThe State of Telangana

Telangana HC25 Mar 2022WP/6577/2022

Case brief

AI extract

What is this about?

The High Court of Telangana dismissed a writ petition and miscellaneous applications filed by U. Janamma challenging the proposed construction of a 2ML Elevated Level Surface Reservoir on her land, relying on a prior order dated 16.3.2022 and granting no order as to costs.

What did the court decide?

The Writ Petition and three related Miscellaneous Petitions praying for vacation of interim orders were dismissed.

U. Janamma Vs THThe State of Telangana — Constitutional and Fundamental Rights | Telangana HC (2022)

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[³¹⁸³ ]

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

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

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 6577 OF 2022

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Between:

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U. Janamma, Wo. Bala Balesh Aged about 53 years, Occ- Agriculture, R/oH. No. 6-130/8, Bowrampet Village, Near Mallanna Temple, Gandimaisamma Dundigal Mandal, Medchal-Malakajgiri District

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...'ET'T'ONER

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AND

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The State of Telangana, Rep. by its Prl. Secretary, Revenue Department, Secretariat, Hyderabad

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The District Collector, Medchal-Malakajgiri District At: Keesara.

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The Revenue Divisional Officer, Medchal-Malakajgiri District At: Keesara.

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The Tahasildar, Gandimaisamma Dundigal tv'landal, At :Gandimaisamma.

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Hyderabad Metropolitan Water Supply and sewerage Board, Jalasoudha Represented by its tVanaging Director At: Khairathabad

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...RESPONDENTS

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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 to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondents authorities^proposed construction of^{the 2ML Elevated level Surface} Reservoir(ElSR)^{in land admeasuringAc. 2.00 gts in surveyno.166 situatedat} Bowrampet Village,^{Gandimaisamma-DundigalMandal,Medchal.Malkajgiri} District without^{followingdue process of Law as illegal, arbitrary,violative of} Articles 14 and 300-4^{of the constitutionof lndia,besides the provisionsof the} Act30of2013andconsequentlydirecttheRespondentauthoritiesnotto disposes the^Petitioner

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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 suppo( of the petition, the High Court may be pleased to direct the Respondent authorities not to disposes the Petitioner from the land admeasuring Ac. 2.00 gts in survey no. 166 situated at Bowrampet Village, Ga nd ima isamma-Du nd iga I Mandal, Medchal-Malkajg iri District lA NO: 2 OF 2022

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Between:

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Hyderabad Metropolitan Water Supply and sewerage Board, Represented by its Managing Director At Khairathabad

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...PETITIONERYRESPONDENT No.5

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AND

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U- Janamma, W/o. Bala Balesh Aged about 53 years, OccAgriculture, Rl/o. H.No. 6-130/B, Bowrampet Village, Near Mallanna Temple, Gandimaisamma Dundigal Mandal, Medchal-Malakajgiri District

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...RESPONDENTMRIT PETITIONER

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AND

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The State of Telangana, Rep. by its Prl. Secretary, Revenue Department, Secretariat, Hyderabad

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The District Collector, Medchal-Malakajgiri District At Keesara.

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The Revenue Divisional Officer, Medchal-Malaka.jgiri District At Keesara.

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The Tahasildar, Gandimaisamma Dundigal Mandal, At Gandimaisamma.

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...RESPONDENTS/RESPONDENTS

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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 vacate the interim orders granted on 07102t2022 in w.p.No. 6s77 of 2022

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IA NO: 3 oF 2022

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Between:

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The State of Telanoana, Rep. by its prl. Secretary, Revenue Department,

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Secretariat, Hyderibad

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The District Collector, Me4chal-Malakajgiri District At Keesara.

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The Revenue Divisionar officer, MeocriSi-narr"'ri;siri Di.tri"t A*t K""s"ra.

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The Tahasitdar, Gandimaisamma ounoigai ttt"iian, nI ei";iilL"";;;.

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...PETITIoNERS/RESPONDENTS

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AND

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Wo Bala Balesh Aged about 53 years Occ: Agriculture R/o H No 6130/B M pgwramOet Vittage Near Mallanna Tempte grnii.;i.rrra Dundigal Mandat Ivledchal Malkajgiri District.

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.RESPONDENT/WRIT PETITIONER

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Hyderabad Metropolitan Water Supply and sewerage Board, Jalasoudha Represented by its l\ilanaging Director At Khairathabad

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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 vacate the interim orders passed in W.P.No.6577 of 2022 dl:O7 -02- 2022, and dismiss the Writ Petition with cost

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Counsel for the Petitioner: SRl. JELLA SRIKANTH Counsel forthe Respondents No.1 to 4: GP FOR REVENUE Counsel for the Respondent No.S: SRl. T. SUDHAKAR REDDY The Court made the following: ORDER

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\ \

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.6577 OF 2022

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ORDER:

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This writ petition is filed questioning the action of the respondents in proposing to construct 2ML Elevated Level Surface Reservoir (ELSR) in the land admeasuring Ac.2-00 guntas in Sy.No.166 situated at Bowl'ampet village, Gandimaisamma-Dundigal manda[, Medchal-Malkajgiri district without following due process of law.

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Today, when the matter is taken up, Mr.T.Sudhakar Reddy, learned counsel appearing for Respondent No.5 submits that the issue in the present writ pelition is squarely covered by the order passed in W.P.No. 17969 of 2022 dated 16.3.2022, whereunder this Court while dismissing the writ petition, granted liberty to the petitioners to challenge the resumption orders, if they choose to do so.

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In view of the same, following the order passed in the above writ petition, this writ petition is also dismissed in terms thereof. The miscellaneous petitions pending if any, shall stand closed. There shall be no order as to costs.

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SD/.A.V.S.P AD ASSISTANT REGIS RAR //TRUE COPY// SECTION FICER

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