High Court directed respondents not to dispossess petitioner from agricultural land in Shamherpet without following due process of law. Writ Petition disposed of without costs.
Directed respondents not to dispossess petitioner from subject land without following due process of law.
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[33031
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE FIFTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE J. SREENIVASRAO
WRIT PETITION NO:142147 OF 2010
Between:
P.Raju, S/o.Kishtaiah, aged about 30years, Occ:Agriculture,Rl/o Shameerpet (V & M), R.R.District
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndiaprayingthat in the circumstances stated in the affidavit filed therewith, theHigh Courtmay be pleased to issue an appropriate writ, order or direction moreparticularly onein the nalure of wrrt of lvlandamus for a direction to therespondentsnot to interfere with the petitioners agricultural land in Sy.no. 326 and 325covering an extentof Ac 4.06 gts. respectively of Shameerpet Village and Mandal,R.R.District without following due process of law for anypurpose including layingof roads through the petitioners lands by declaring the illegal ac{ion as without authority, againstthe principles of natural justice and violative of Article 21 and 300-4 of theConstitution of lndia.
l.A. NO: 1 OF 2010(wP MP. NO: 18163 OF 2010
Petition under Section 151 CPCpraying that in thecircumstances statedin the affidavit filed in support of thepetition, theHighCourt may be pleased to direct the respondents not to lay road inpetitioner's agriculturalland in Sy.No.326 and 325 covering an extent of Ac. 4.06gts respectivelyof SharneerpetVillage and Mandal, R.R.District without following dueprocess of law, pending disposal of the main writ petition.
Counsel for the Petitioner: SRI C.HARIPREETH
Counsel forthe Respondent No.1:AGP FOR REVENUE
Counsel for the Respondent No.2& 3: SRI P.KISHORE RAO, SC FOR GRAM PANCII{AYAT
The Court made the following: ORDER
HON'BLE SRI JUSTICE J. SREENIVASRAO
IITRIT PETITION No.L4447 of 2O1O
ORDER:
This Writ Petition is filed seeking thefollowingrelief:-
"to passqn orderorissue antg clirectiottorasslreqny appropr[ate wit moreparticularlgin tlenatureof WRIT OF MANDAMUS for a directiort lothe respondetrlsrrol,o nterkre tDith the petitioners agnculturalland irt Sy.rtos.326and 325 couering an ertent of Ac.4.06gts resPectiuelllof Shot\eerpet Village and Mandq[ R.R.Districttuitltoul foLLoutitrydue lrocess of law for ang purpose ircludinglayiqof rotuls throuqh the petitioners lands bg declanng the illegalocliott Qs tultllout authoitV ogainst thepinciples ofrtatural iustrceond L'iolltiue of Arttcle 21 and 30OAof the Cottstituttonof hrclio."
2
District). He also submits that the respondr:nts without issuing any notice and without follo',ving due process of law are trying to lay the road in the subject property. The action of respondents is clear violation of ltrinciples of natural justice and also violative of Article 3iO0-A of the Constitution of India.
3
Counsel, this Court deems it appropriate to dispose of the
Writ Petition, directing the respondents not to dispossess the petitioner from the subject land without following due process of lau,.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/-B. SARASW HI ASSISTANT REG!S R
//TRUE COPY//
SECTION FICER
To,
HIGH COURT
DATED: 1511112023
ORDER
WP.No.14447 of 2010
,
.dE STA I5
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t I),:!: pr;I C.\lg-C
DISPOSING OF THE WRITPETITION,
WITHOUT COSTS
L,^.-J t(,n Up) (e,P, . \ 1., > A
1 issue framed by the court
Whether respondents can lay road through petitioner's agricultural land without following due process of law.
1 provisions across 1 enactments
P.Raju
District Collector, R.R.District
Shameerpet Gram Panchayat
Sarpanch, Shameerpet Gram Panchayat
J. Sreenivas Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
