Disposes of a PIL regarding construction within lake limits and closes a contempt case after the State excluded the area via a subsequent order, directing only that the area be fenced.
Petitioner directed to fence the FTL area; future encroachments permitted to be litigated anew.
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.
HIGH COURTFORTHE STATEOFTELANGANA AT HYDERABAD (SPecial Original Jurisdiction)
MONDAY ,THETHIRD DAY OFJANUARY TWO THOUSANDANDTWENTY TWO
PRESENT
THE HONOURABLETHE CHIEFJUSTICE SATISH CHANDRA SHARMA AND THE HONOURABLESRI JUSTICE ABHINAND KUMAR SHAVILI
w.P .(PIL) NO:42 0F20'l I&c.c.No:1078oF218
w. P.(PILI NOi42 oF2018
Between:
303'"""j3fl ii [;"iiil3[!Ifl,"11ifl';,l!j:i.$?i*ffjd,{"x:"ff "iil%li'?'o'nifl iliil'iirlirmatDistrict,Telangana state
...pETt,oNER
AND
The Stateof Telangana,Rep byits PrincipalSecretary' Revenue Department' Secretariat,HYderabad
8.TheTahsildar' Nirmal Mandal'Nirmal District
...RESPoNDENTS
,gE6-^ffim'*::iffi
IANo: 10 F 018
3g6ggtl***rM Nffisffi
lA NO: 2 OF 2018
Petition under Section 151 CPC praying that in the circumstances stated jn the affidavit filed in support of the petition, the High Court may be pleased to permit the pelitioner to file this additional affidavit and rely upon the same.
lA NO: 3 OF 20't I
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the pelition, the High Court may be pleased to amend the writ petition in the following manner:
a) By deleting the word agriculturat fields (Sy.No.422 consists) in para No 3 of the wnt petition.
b) Replace the word erstwhile Adilabad District instead of Nirmal District in the paragraph 25 of the writ petition
Counsel for the Petitioner:SRl.C. NARESH REDDy
Counsel for the Respondent Nos. 1, 6 & 8:Gp FOR REVENUE/THE ADVOCATE GENERAL
Counsel for the Respondent No. 2, 6 & 8:Gp FOR HOME/THE ADVOCATE GENERAL
Counsel for the Respondent Nos. 3, 4 & 7:Gp FOR IRRIGATION & CAD
99y.1s:lloJthe RespondentNo. 5:Gp FoR RoADS & BUILD|NGS/THE ADVOCATE GENERAL
CC NO: 1O7g OF 2OlB
Contempt Case Under S( Respondent here n ror, il ;;H:Ji;::T:, :i:Ill;;::::.;:l;ff:ii; in W.P. (ptl). No.42 of 2018.
Between:
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AND
-..PETITIONER/PETITIONER
...REESPONDENTS/RESPONDENTS
Counsel for the Petitioner:SRl. C. NARESH REDDY
Counsel for the Respondents:SRl. HARENDER PRASAD
The Court made the following:
?HE HON'BLE THE CHIEF JUSTICE SATISH CHA NDRA SHARMA AND
t
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
U/. P(PIL ). No .42 of 2Ol8 Et C.C.No.1O78 of 20 18
COMMON ORDER: pet the Hon bte the chietrusnr€ sdrish clktrdra s,'lamal
The present writ petition has been filed by the petitioner as public interest litigation stating that integrated District Office complex is being constructed by the State Government in the Full Tank Level limits of Kotha Cheruvu/Naya Talab, Nirmal Town.
This Court, by an interim order dated 27 ,O2.2Olg, has restrained the respondents not to raise any construction within the FTL limits and the present contempt case has been filed complaining wilful disobedience of the aforesaid interim order. Subsequently, an enquiry was also ordered to be conducted by a Judicial Officer, the Judicial Officer has conducted a detailed enquiry in the matter and a report has been submitted on 04.08.2018. After the report was submitted by the,_lunior Civil Judge, Bhainsa, the State Government has issued a fresh G.O exciuding the area, which is falling within rhe F-TL limits, ar-rd rhe construclion is going on,
In the considered opinion of this Court, as the area has a.lready been excluded by issuing a subsequent G.O from the F-IL limits, no further orders are required to be passed in the present writ petition (public interest litigation). The state Government shail fence the area of the F"IL area. In case of any encroachment in future, the petitioner shall certainly be free to file a fresh public interest liligation.
Resultantly, the present writ petition (public interest \ litigation) stands disposed of and the Contempt Case stands closed.
Pending miscellaneous applications, if any, shall stand
closed. Therc shall be no order as to costs.
SD/.M.RAMANAKRISHNA DEPUTY REGISTRAR ,TRUE COPY// @ SECTION OFFICER
To,
Z. i6e Secretary,Home Department, State of Telangana' Secretariat'
f Z. C SnanlerTheTahsildar, Nirmal Mandal, Nirmal District
r 5. On" CC toSri. C. Naresh Reddy,Advocate[OPU,C]
f a. Onu CCto Sri.HerenderPrasad,Advocate IOPUC] 15'Two CCS toGP forReVenue, HighCoUrtforthe Stateof .Telangana.[oUT] io.f*" CCi toGP for Home, Hrgh -Court for tne State of Telangana [oUT] -- .-i; i;; aa; i;theAdvocate Gerierat, High courtfor thestareof Telangana.[oUT] lS.TwoCCstoGP for lrrigation& CAD, High Court forthe Stateof Telangana' lourl t9.iwo CCs toGP for Roads & Build ings, High Court forthe Stateof Telangana' Iour] 20.Two CDCoPies
PM
S \'
I
HIGH COURT
DATED:0310112022
COMMON ORDER
WP(P|L).No.42 of 2018 & CC.No. 1o7g of 2018
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Disposing of the WP(PIL) and Closing the CC Without costs.
il",V
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1 issue framed by the court
Whether the writ petition requires further orders after the area in question was excluded from the impugned limits by a subsequent Government Order.
1 provisions across 1 enactments
Opt for application (Petitioner name redacted/OCR garbled)
The State of Telangana, Rep by its Principal Secretary, Revenue Department
The State of Telangana, Rep by its Principal Secretary, Home Department
The State of Telangana, Rep by its Principal Secretary, Irrigation Department
The State of Telangana, Rep by its Special Chief Secretary to Government
The State of Telangana, Rep by its Principal Secretary, R&R Department
Satish Chandra Sharma
Abhinand Kumar Shavili
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
