The High Court disposed of a writ petition challenging the proposed construction of a culvert across the petitioner's land without considering objections. The court mandated acquisition procedures for the required land.
Respondents directed to follow acquisition law if land is required for work; no order as to costs.
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.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE NINTHDAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO:14597 OF 2014
Between:
EnuguL(rishla Reddy, S/o. Raja Reddy, Aged 42 years, Occ. Agriculture, H.No. .3-95, Dammannapet Village, Revenue Mandai, tr/edipalli, Xirimnagrai District.
...PETITIONER
AND
..,(ESPONDENTS
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 an Order, Direction, Writ more in the nature of Writ of Mandamus declaring the action of respondents in proposing to construct culvert from East to West near the curve portion of road to Takkallapalli Village passing through from the land of petitioner bearing Sy.Nc.'161 situate at Dammananapet Village of Medipalli Revenue Mandal, Karimnagar District ingoring his objection in writing made to the respondents Nos. 2 and 3 on 09.O4.2O14 as bad, arbitrary, illegal, Opposed to principles of natural justice, in violation of Arl. 14, 19, 21 , 300-A Constitution of lndia and to set aside the same consequenfly directing Respondents 2 and 3 not to proceed with construction of culvert on Northern side of Sy,No.'161 situate at Dammannap€t Village of lvtedipalli Revenue Mandal, Karimnagar District.
/
.A. NO: 1 F 201 MP. NO: 18120 OF2014
Petition under section151 CPC prayingthat in the circumstancesstated in the affidavit filed in supportof the petition,the High court may be pleasedto grant injunction orders restrainingrespondentsNo.2and 3 frommaking construction of culvertacrossthe road to Takkallapalli Villagefrom East to West near the curveportion ofroad from my land in sy.No. 161 situateat Dammannapel Villageof Medipalli Revenue Mandal, Karimnagar Districtpending disposal of writpetition.
Counsel for the Petitioner:SRIC.RAMESHSAGAR Counsel fortheRespondent No,1 & 2: AGPFORROADS& BUILDINGS Counsel for the RespondentNo.3: AGPFORPANCHAYAT RAJ& RURAL DEV The Court made thefollowing: ORDER
I
HON'BLE SRI WSTICE C.V. BHASKARREDDY
WRIT PETITION No.14597 of 2Ol4
ORDER:
.Thiswrit petitionhas been frled to declarethe action of the respondents in proposing to construct culvertfrom East to West near the curve portion ofroad to Takkallapalli Village passing through from the land of thepetitioner bearing Sy.No.161 situated at DammannapetVillage, Medipalli Revenue Mandal, KarimnagarDistrict, without considering his objections, dated 09.O4.2O14as illegal, arbitrary and unconstitutional.
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CVBR, J Wp_14597 _2014
construction of the culvert by encroaching the land of the petitioner. The grievance of the petitioner is that he has submitted objections, dated 09.04.2014, for the proposal of respondent No.2 for construction of culvert in his land in Sy.No. 16 I, but without considering the sarne, the resPondents are proceeding with the construction of culvert
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CVBR. J wp t4597 _2014
I
the purpose of widening or strengthening of the culvert, to follow the procedure as contemplated in law for acquiring the said property.
any, shall stand closed.
//TRUE COPY//
SD/. K. AMMAJI ASSTSTANT FEGliifllARa/
SECTION OFFICER
HIGH COURT
DATED: 0911112023
ORDER
WP.No.14597 of 2014
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DISPOSING OF THE WRIT PETITION,
WITHOUT COSTS
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2 issues framed by the court
Whether the action of respondents in proposing to construct culvert passing through petitioner's land without considering his objections is illegal, arbitrary and unconstitutional.
Whether the court should grant relief to the petitioner restraining the construction of the culvert.
1 provisions across 1 enactments
EnuguL(rishla Reddy
The State of Andhra Pradesh
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
