High Court disposed of a writ petition filed by land purchasers praying for a declaration against dispossession and issuance of direction not to assign subject lands, directing respondents to follow due process.
Respondents directed not to dispossess petitioners from subject property without following due process of law.
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.
[3303 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Speciat Original Jurisdiction)
WEDNESDAY, THE TWENTY SEVENTH DAYOF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVASRAO
WRIT PETITION NO: 19291 OF 2009
Between:
...pETlTlONERS
AND
...RES'.NDENTS
Petition under Article 226of the Constitutionof lndia praying that in the circumstances stated in theaffidavit filedtherewith, the High Court maybe pleased to issue a writ or direction moreparticularlyone in the nature of writ of Mandamus declaring theactionof the respondentin tryingto assign the subject lands belongs to thepetitionersin favourof the 3rd partiesand tryingto dispossess thepetitionersfrom there respectivelands as mentionedin the respective sale deeds isillegal arbitrary and unjust and gross violation of the principles of naturaljustice and directthe respondentsnot to assign th€ subject lands mentioned in therespective sale deeds belongsthe petitioners infavour of the 3rd parties and directthe respondents not to dispossess the petitioners from
there respective lands mentioned in the respective sale deeds in Sy No 306 of Deshaipet Revenue (V) Of Warangal District in the interest of justice.
l.A. NO: 1 OF 2009(WPMP. NO: 25194 OF 2009)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased issue a direction to respondents not to dispossess the petitioners from there respective lands mentioned in the respective sale deeds in Sy Number 306 of Deshaipet Revenue(V) of Warangal District in the interest of justice in the interest of justice.
l.A. NO: 2 OF 2@9(WPMP. NO: 25't9s OF 2009)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased issue a direction to Respondents not to assign the subject lands respective lands mentioned in the respective sale deeds in Sy Number 306 of Deshaipet Revenue(V) of Warangal District belongs the the petitioners in favour of the 3rd parties in the interest of justice.
Counsel for the Petitioners: SRI SREENIVASA RAO RAVULAPATI Counsel forthe Respondents: AGP FOR REVENUE
The Court made the following: ORDER
TIIE HON'BLE SRI JUSTICE J. SREENIVAS RAO
ORDER
WRIT PETITION No.L929t of 2009
This writ petition is filed seeking the following relief:
"to issue a uit ^or direction more particularlg one in th.e nature of u.trit of Manadmis d.eclaiig the action of the respondents in trying to assigi the subject lands belongs to tle peitioiers infaiour of the third parties and tryiig to d.ispossess th.e petitioners from their respectiue lands @s mentioned in the respectiue iale deeds is tilegal, arbitrary and unjust and gross uiolqtion oy"tne principles of natural jusiice and. direci the respondents not to assrgn the subject land.s -belongs mentioned in the respectiue sale deeds the p.etitioners in fauour of the third. parties and direct the respondents not lo dlsposse-s s the petitioners fromtheir respectiue taids mentionid in th.e respectiue sale deeds in Sg.No.3O6 of Deshnipet Reuenue Village of Warangal Distnc1, .
3' Learned counser for the petitioners submits that petitioners have purchased the open plot in Sy.No.3O6, situated at Deshaipet Revenue Village, Warangal District, through registered sale deed in
2
the year 2OO2 frorn the original owner by paying valuable sale consideration. Since then, the petitioners have been in possession and enjoyment of the said property with absolute rights. Respondent No.3, without issuing any notice trying to dispossess the petitioners from the subject property, at the instance of real estate brokers, at that stage, the petitioners issued a legal notice through their counsel invoking the provisions of Section 8O of Civil Procedure Code (for short "C.P.C.") to respondent No.1. In spite of the same, respondent No.l has not taken any action nor issued any direction to respondent No.3. Therefore, the petitioners approached this Court and filed the present writ petition.
3
,,.
7 . With the above direction, the writ petition is disposed of, accordingly. No costs.
Pending miscellaneous applications, if any, shall stand
closed.
\
To
SD/- C. PRAVEEN KUMAR ASSISTANT RE ISTRAR
//TRUE COPY//
SECTION FFICER
!. ]!rc {o1ntCollector, WarangalDistrictat Subedari Warangal
PSK
GJP s
II
HIGH COURT
DATED:2711212023
ORDER
WP.No.19291 of 2009
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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.
,^P "A\
2 issues framed by the court
Whether to issue direction to respondents not to dispossess petitioners from subject land without following due process of law.
Whether interim order in the writ petition continues till date.
3 provisions across 2 enactments
Smt Sreepada Sada Laxmi
Rudroju Kamala
Tamineni Yashoda
Venqala Sudhakar
Gudipally Sunkanya
B. Moghilli
J. Sreenivas Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
