The High Court dismissed a writ petition filed under Article 226 challenging a land acquisition notification and invoking Section 5-A of the Land Acquisition Act. The court found the petition infructuous and dismissed it without 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.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
[32s6 ]
FRIDAY, THE TWENTY FOURTH DAY OF FEBRUARY/. TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR .
WRIT PETITION NO: 17173 OF 2008
Between:
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| 09.V.G.Kalkundikar,S/olateG.S'Kalkundikar, aged about74years,Occ:ReId'NISIETEmployee PlotNo.G-7,MunicipalNo'8-3-222/8174, Madhura Nagar,HYderabad-38. |
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| 10.G.V.L.NarasimhaRao, S/o late G. TataRao, aged45years,Occ:Service, PlotNo.G-8, MunicipalNo.8-3-222l8l75, Madhura Nagar,HYderabad-38'vr AND |
..Petitioners |
| 0l.TheStateofAndhraPradesh, Rep.byits PrincipalSecretary,DepartmentofRevenue, SecretariatBuildings,Hyderabad. |
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| 02.TheDistrictCollector, HyderabadDistrict,HYderabad' |
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| 03.TheGreaterHyderabadMunicipalCotporation, Rep. by its Comrnissioner,Flyderabad.,[I |
...RESPONDENTS |
Petition under Article 226 of the Constitution oflndia prayingthat in the circumstances stated in the affidavitfiled therewith, the High Courtmay be pleased to issue a Writ, order or direction moreparticularly one in thenature'of Writ of lvlandamus declaring the action ofthe 2nd respondent in issuing the notification, dated 21lO7l2OO8 in form-2Aof theLand Acquisition Act purportedlyin exercise of thepowers under Sec. 4R/w Sub Sec. 4 of Sec. 17 of the Act, by dispensing with the statutory right ofmaking objectionsand enquiry under Section 5 A of the Act, as illegal, arbitrary andviolativeof Article14,21and 300A of the Constitution of lndia and for consequential directionto set a side or to quash the notification to the extent of dispensingwith theapplication of the provisionsof Sec. 5A of the Act by invoking sub Sec. 4 of Sec.17 of the act and grant such other and further reliefs as it may deem fit and proper.
l.A. NO: 1 OF 2008[WPMP. NO: 22293 OF 2008]
Petition under Section 151 CPCpraying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may bepleased grant stay of all furtherproceedings including the dispossession of thepetitioners from their respectiveproperties pursuant to the notification, dated 21lO7l2OO8 issued in Form-2A of the Land Acquisition Actpurportedly in exercise of thepowers under Sec. 4rlw sub sec. 4 of Sec. 17 of the act pending disposal of the main Writ Petition.
Counsel for the Petitioners: SRl. N. PRAMOD
Counsel for the Respondent Nos.1 & 2: GP FOR REVENUE
Counset for the Respondent No.3: Dr. Y. PADMAVATHI (SC FOR GHMC )
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.17L73 of 2OO8
ORDER:
Learned counsel for the petitioners submits that the cause in the writ petition does not survive for adjudication and the writ petition has become infructuous.
dismissed as infructuous.There shall be no order as to costs.
Miscellaneous Petitions, if ooy, pending in this writ
petition shall stand closed.
I
SD/- K.SREERAMA MURTHY ASSISTANT ISTRAR
//TRUE COPY//
SECTION OFFICER
To,
CHR GJP
BSR
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HIGH COURT
DATED:2410212023
ORDER
V\r.P.No.17173 of 2008
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DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS
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Mrs. K. Nirmala and others
The State of Andhra Pradesh
The District Collector, Hyderabad District
The Greater Hyderabad Municipal Corporation
MUMMINENI SUDHEER KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
