Allowed

Ramavath Hanya v. The State of Telangana

Telangana HC7 Jul 2023WP/17705/2023

Case brief

AI extract

What is this about?

High Court disposed of a writ petition challenging interference with land possession. The petitioner alleged illegal entry for a water pipeline without acquisition. The court directed respondents not to interfere with peaceable possession without following due process.

What did the court decide?

Directed respondents not to interfere with petitioner's peaceful possession and enjoyment of land in Sy. No. 44013 E without following due process of law.

Ramavath Hanya Vs The State of Telangana — Land Acquisition | Telangana HC (2023)

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I i i I I I i- I I

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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FRIDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 17705 OF 2023

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Between:

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Ramavath Hanya, Sio- Ramavath Hamarya, Age 80 Years, Occ: Agriculture, ' Rl/o Jayaram Thanda, H/o Parvedula, Peddavooiu Mandal, Nalgonda'District.

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...PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretaridt Buildings, Hyderabad.

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The Hyderabad Metropoiitan Water Supply and Sewerage Board, Rep. by its llqnqglf'S^{Director,AdministrativeOffice Buitding,Khairrtabad,Hydeiab6d-} 500 004

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The District Collector, Nalgonda Diskict, Nalgonda.

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The Revenue Divisional Officer- cum- Land Acquisition Officer, Miryalaguda Division, Nalgonda District.

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The Sub lnspector of Police, P. S. Peddavoora, Nalgonda District.

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...RESPONDENTS

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Petition under Article 226 ol 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 particularly one in the nature of Writ of Mandamus declaring the impugned action of the Respondents in interfering with the peaceful possession and enjoyment of the lands of the Petitioners in Sy. No. 44013 E to an extent of Ac. 1- 29 gnts in Parvedula Village and Peddavooru Mandal, Nalgonda District on the ground of laying pipeline for drinking water without acquiring the same and without paying compensation as illegal, without jurisdiction, violative of principles of natural justice and violative of Articles 14, 21 and 300- A of the Constitution of lndia and consequently direct the Respondents not to interfere with the peaceful possession and enjoyment of the land of the

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Pelitioners in Sy. No. 44013 E to an extent of Ac. 1- 29 gnts in Parvedula Village and Peddavoor lt/andal, Nalgonda District.

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lA NO:^'f OF 2023

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Petition under liection 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 Respondents not to interfere with the peaceful possession and enjoyment of the land of the Petrtitners in Sy. No. 440/3 E to an extent of Ac.'l .29 gnts in Parvedula Village and Peddavooru lvlandal, Nalgonda District.

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Counsel for the Petitioner: SRI S.RAHUL REDDY Counsel for the Respondent No.'l: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent No.2: SRI G.NARENDER REDDY, SC FOR . HMWSSB Counsel for the Respondent Nos.3 & 4: GP FOR REVENUE Counsel for the Respondent No.S: GP FOR HOME

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The Court made the following: ORDER

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HON'BLE MRS JUSTICE SUREPALLI^NANDA

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WRIT PETITION No.L7705 0F 2023

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ORDER:

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Heard Mr. S.Rahul Reddy, learned counsel for the petitioner and Mr. G.Narender Reddy, learned Standing Counsel appearing on behalf of the 2nd respondent.

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The petitioner has approached this Court, seeking the following relief :,

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"...to issue a Writ Order or Direction particularly one in the nature of Writ of Mandamus declaring the impugned action of the Respondents in interfering with the peaceful possession and enjoyment of the lands of the petitioner in Sy.No.44013 E to an extent of Ac.1-29 gts., in Parvedula Village and Peddavooru Mandal Nalgonda District on the ground of laying pipeline for drinking water without acquiring the same and^. without^paying compensation as illegal without^jurisdiction violative of^principles of natural^justice and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with the^peaceful possession and enjoyment of the land of the Petitioner in Sy.No. 440/3 E to an extent of Ac.1-29 gts., in Parvedula Village and Peddavoor Mandal Nalgonda District and pass...."

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Learned Standing r r)rrirsel for the 2"d respondent upon instructions s ubmits to lh(r Court that the 2"d respondent authority is not proceedinq with acquisition of the petitioner's subject land to an extent of Ac.1-29 gts., in Sy.No.440l3 E of Parvedula Village and Peddavooru Mandal, Nalgonda District

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Bringing the said submrssion on record, the present writ petition is disposed of drrecting the respondents not to interfere with the peac3ful possessicn and enjoyment of the petitioner's subject land i.e., to an extcnt of Ac.L-29 gts., in Sy.No.440l3 E, oF Parvedula /illage and Pcrddavooru Mandal, Nalgonda District, without follolving due proccss of Iaw. However, there shall be no order. as to costs.

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Miscellaneous petitions, if any, pending shall stand closed.

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SD! T. SRIN S DEPUTY REGI RAR //TRUE COPY// SECTIO FFICER

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The Principal Secretary, Municipal^{Administration and UrbanDevelopment} Department, Secretariat^{Buildings, Hyderabad, State of Telangana.} ^

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Thi: Managing Director,^{Hyderabad Metropolitan Water Supply and Sewerage} Board, Administrative Offide^{Building,Khairatabad, Hyderabad - 500 004}

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The District Collector, Nalgonda District,^Nalgonda.

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The Revenue Divisional^{Officer- cum- Land Acquisition Officer,Miryalaguda} Division, Nalgonda District.

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The Sub lnspector of Police,^P. S.^{Peddavoora, Nalgonda District.}

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One CC to SRI S.RAHUL^REDDY, Advocate [OPUC]

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Two CCs to GP FOR MCPL AD|VN & URBAN DEV, High Court^for the State of Telangana, at Hyderabad. [OUT]

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I8 Two One CC CCs to to SRI C;.NARENDER GP FOR REVENUE, REDDY, High Court SC FOR HMWSSB for the State of [OPUC]Telangana, at Hyderabad. [OUT]

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10 Two CCs to GP FOR HOME, High Court forthe State of Telangana, at Hyderabad. [OUT]

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11 Two CD Copies

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PSK. GJP ..-

HIGH COURT

DATED:0710712023

ORDER

WP.No.17705 of²⁰²³

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DISPOSING OF THE WRIT PETITION
WITHOUT COSTS.
*
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Ramavath Hanya v. The State of Telangana

Case brief

What is this about?

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Ramavath Hanya v. The State of Telangana

Case brief

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