Petitioner sought withdrawal of writ petition. Hon'ble Mrs Justice Surepalli Nanda dismissed the petition as withdrawn, granting liberty to file a fresh petition before the appropriate court. No order as to costs.
Writ petition dismissed as withdrawn with liberty to file a fresh petition; no order as to costs.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.
t32521
HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAO (Special Original Jurisdiction)
THURSDAY, THE SEVENTEENTHDAY OF AUGUST TWO THOUSAND ANDTWENTYTHREE
PRESENT
THE HON'BLE MRS JUSTICESUREPALLI NANDA
WRIT PETITION NO:17338OF 2018
Between:
Mohammed Abdul SalamS/o. Late Mohd.Abdul Qayyum, -Occ-RetdR/o H.No.3-105 and 3-106,(Old Nos 3-53 and 3-53/'1) situated at Kondamallepally Vtjin RoaO. Kondamaliepally Ma nda l Na lgonda Distrrct Telang'1.?r?l',1%rr*
AND
...RESpoNDENrs Petition under Article226 ol the constitution of lndia praying that in the circumstances statedin the affidavit filed therewith, the High court may be pleased to issue an appropriatewrit, orderor directionmore particularlyone in the nature of writ of Mandamusdeclaringthe action of Respondents3 and 4 in illegally demolishingthe house propertybearing No 3-105 and 3-106' (Old Nos3- 53and3.53/,1)admeasuringanextentof16l.3sq'yardsinSy.No.99situatedat KondamallepallyMainRoad,KondamallepallyMandalNalgondaDistrictas arbitrary, illegal,u nconstitutional and contraryto the Panchayat Raj Act and Rules thereon and consequentlydirect the respondentsnot to makeany construction on the setbacks, of thepetitioners property
lA NO: 1 OF 2018
Petitron under Section 15.1 CPC praying that in the circumstances stated tn the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to demolish or to make any construclions on the setbacks of the petitioner's property bearing No.3-105 and 3-106, (Old Nos.3-53 and 3-53/1) admeasuring an extent of 161.3 sq. yards in Sy.No.99 situated at Kondamallepally lrlarn Road. Kondamallepally Mandal Nalgonda District, pending drsposal of the main writ petition
Counsel for the Petitioner: SRI MOHD HUSSAIN
Counsel for Respondent Nos. 1,6 & 7: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT
Counsel for Respondent Nos. 2 to 5: SRI THOOM SRINIVAS, SC FOR TSRTC
Counsel for Respondent No. 8: SRI G. NARENDER REDDY
The Court made the following: ORDER
l I
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION N o.17338 of 2O18
ORDER:
Sri Mohd Hussain, learned counsel appearing on behalf of petitioner represents that the cause of action in thepresent writ petition does not survive for adjudication and the petitioner seeks leave of this Court for withdrawal of W.P.No.17338 of 2018 for thepurpose of filing a freshwrit petition.
Taking into consideration the submissions of the learned counsel for the petitioner, the W.P.No.17338 of 2023is dismissed as withdrawn granting liberty to thepetitioner to file a fresh petition before appropriate Court. However, there shall be no order as to costs.
Miscellaneous petitions, if any,pending shall stand closed.
SD/-A.V.S.PRASAD ASSISTANTREGISTRAR ,,TRUECOPY//
SECTIONOFFICER
To,
HIGH COURT
DATED: 1710812023
1 trE STer
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O 2 4 AUB2M i)
a) j:,,;, ^. il
ORDER
WP.No.17338 of 2018
DISMISSING THE WRIT PETITION AS WITHDRAWN,
WITHOUT GOSTS
an
1 issue framed by the court
Whether the writ petition survives for adjudication regarding illegal demolition of property.
Mohammed Abdul Salam
Principal Secretary, Panchayat Raj and Rural Development
Telangana State Road Transport Corporation
SUREPALLI NANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
