Disposed

Sri Satya Harischandra Sivaseva Samithi v. The State of Telangana

Telangana HC13 Apr 2023WP/10009/2023

Case brief

AI extract

What is this about?

Writ petition filed by a society to protect allotted land for a Hindu graveyard. The High Court disposed of the petition at the admission stage after respondents undertook to protect the land.

What did the court decide?

Directing the 2nd respondent to take all necessary steps to protect the allotted land from illegal encroachments with liberty to use police assistance.

Sri Satya Harischandra Sivaseva Samithi Vs The State of Telangana — Telangana HC (2023) — LawSathi Research

¶1

t I I

¶2

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

¶3

[³¹⁶⁸ ]

¶4

THURSDAY, THE THIRTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE K.LAKSHMAN

¶7

WRIT PETITION NO: 10009 OF 2023

¶8

Between:

¶9

Sri Satya Harischandra Sivaseva Samithi, Regd. No. 2472, Ofiice at 125, 126, 128 Divisions, Gajularamaram Village, Quthbullapur, Hyderabad Rep. by its President, Perumandla Ravi, S/o. Rajaiah, Aged about 61 years, Occ: Pid- digger, R/o. H.No. 2- 30, Gajularamaram Village, Qutubullapur, Ranga Reddy District.

¶10

...PETITIONER

¶11

AND

¶12

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

¶13

The District Collector, lr/edchl -Malkalgiri District

¶14

The Revenue Divisional Officer, lvlalkajgiri Division, [VIedchal- lValkajgiri District

¶15

The Tahsildar, Qutubullapur Mandal, Medchal -Malkajgiri District 5. The Greater Hyderabad Municipal Corporation, Tank bund, Hyderabad, Rep. by its Commissioner

¶16

The Deputy Commissioner, Circle No. 26, Gajularamaram Village, Quthbullapur Mandal, Medchal- Malkajgiri District

¶17

Sk.Abid, S/o. Hussarn, H-No 1-'1 1 3/329/'1 ,Devender Nagar, Band- E- Navaz Basthi, Gajularamaram Shapurnagar Jeedimetla Hyd 500055.

¶18

B. M. Satyanarayana, S/o. tt4.Balaiah, H-No- 32-293, HAL Colony, Gajularamaram Shapurnagar Jeedimetla Hyd 500055.

¶19

Gopal Goud, S/o. Not known H-No- 1-1 13111765, Devender Nagar GaiularamaramShapurnagarJeedimetlaHyd500055.

¶20

...RESpONDENTS

¶21

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 declaring the action of the official respondents in not taking any action in protecting the land allotted for Hindu Graveyard in Sy.No.34214 admeasuring Ac.2-O1 gts situated at Gajularamaram Village, Quthbullapur Mandal, Medchal- Malkajgiri District in spite of repeated representations and complaints by the petitioner society as wholly illegal, arbitrary and contrary to law and consequently direct the official respondents to protect the land allotted to graveyard.

¶22

il2lt

¶23

IA NO: 1 oF 2023

¶24

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 respondents to protect the land allotted for Hindu Graveyard in Sy.No. 34214 admeasuring Ac.2-01 gts situated at Gajularamaram Village, Quthbullapur Mandal, Medchal- tvlalkajgiri District forthwith pending disposal of the Writ Petition. Counsel for the Petitioner: MS. S.M. DURGA BHAVANI

¶25

Counsel for the Respondent Nos.1 to 4: SRI J. AMRUTH RAO, AGP FOR REVENUE

¶26

Counsel forthe Respondent Nos.5 & 6: SRI M. DHANANJAY REDDY, SC FOR GHMC

¶27

Counsel for the Respondent Nos.7 to 9: NONE APPEARED

¶28

The Court made the following: ORDER

¶29

HON'BLE SRI JUSTICE K. LAKSHMAN

¶30

WRIT PETITION No.1OOO9 of 2023

¶31

ORDER:

¶32

Heard Ms. S.M. Durga Bhavani, learned counsel appearing for the petitioner, Sri J. Amruth Rao, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 altd Sri. M. Dhananjay Reddy, learned Standing Counsel appearing for respondent Nos.5 and 6. Perused the record.

¶33

In view of the nature of relief sought by the IS petitioner, this writ petition disposed of at the admission stage, dispensing with notice to respondent Nos.7 to 9.

¶34

Vide proceedings No.LCl74l l2Ol8, dated Ol.O2.2Ol9, the 2"d respondent has allotted Ac.2-01 gts., 1n Sy.No.342/a situated at Gajularamaram Village, 1n Quthbullapur^{Mandal, Mechal-MalkajgiriDistrict,} favour of Hindu Graveyard. According to the petitioner, possession was delivered for construction of the said Grav*€yard. Even then, respondent Nos.7 to 9 are trying

¶35

¶36

¶37

to occupy the said land and making constructions. Therefore, petitioner herein had submitted a representation dated 21.11.2022 u,ith the 2"d respondent with a request to protect the said land. Despite receiving and acknowledging the said application, the 2"d respondent did not act upon the same. Therefore, the present Writ Petition.

¶38

Whereas learned Assistant Government

¶39

Pleader for Revenue appearing for respondent Nos.1 to 4 and learned Standing Counsel for respondent Nos.S and 6, on instructions, would submit that they will protect the aforesaid land from the illegal encroachments by taking all necessarlr steps.

¶40

In view of the aforesaid submissions, this writ petition is disposed of, directing the 2"d respondent to take all necessary steps to protect the aforesaid land from the illegal encroachments. If necessary, liberty is granted to them to take assistance from the police. There shall be no order as to costs.

¶41

As a sequel, the miscellaneous petitions, if^any,

¶42

pending in the Writ Petition shall stand closed.

¶43

SD/- C. PRAVEEN KUMAR ASSISZANT REGISTRAR //TRUE COPY//

¶44

SECTION OFFICER

¶45

To, 1. The District Collector, Medchl -lValkajgiri District 2. One CC to MS. S.M. DURGA BHAVANI Advocate [OPUCI 3. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] 4. One CC to Sri lvl. Dhananjay Reddy, SC FOR GHMC [OPUC] 5. Two CD Copies CHR GJP /\ ,tK

HIGH COURT

DATED:1 310412023

ORDER

W.P.No.10009 of 2023

liie sIA 7tr:.
Ch
e
1 5 I'IAY zUZl
..J

¶51

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

¶52

o)
,ruA

Sri Satya Harischandra Sivaseva Samithi v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Sri Satya Harischandra Sivaseva Samithi v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

M/s. Shubham Transoceanic Pvt. Ltd. Vs The Company Law Board

S.V Industries Modern Rice Mills Vs Food Corporation of India., Regional office, 3rd floor

K. Rama Devi, Hyderabad. Vs the Union of India, Rep.by Secretary, REV.DEPT.,NEWDELHI,AND2

Moodoju Kistaiah Vs State of Telangana

L.Chandra Sekhar Reddy Vs The State of Telangana

Sri. Kawampally Mallaiah , Mallesh Vs The State of Telangana