Disposed

Syed Abdul Majeed, Warangal Dist. v. Commr. Nagar Panchayat, Warangal Dist. and Another

Telangana HC15 Nov 2023WP/20529/2009

Case brief

AI extract

What is this about?

Symet Abdul Majeed filed writ petitions under Article 226 and Section 151 CPC challenging the illegal laying of a road by Nagar Panchayat in his land. The court granted liberty to submit fresh representation.

What did the court decide?

Petitioner granted liberty to submit fresh representation within four weeks; Commissioner directed to consider it and pass orders within two months.

Syed Abdul Majeed, Warangal Dist. Vs Commr… — Public Procurement and Tenders | Telangana HC (2023)

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[³³⁰³¹

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE FIFTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE J SREENIVAS RAO

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WRIT PETITION NO: 20529 OF 2009

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Between:

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Syed Abdul Majeed, S/o. late Abdul Waheed, Aged about 56 years, Occ: Agriculture, F/o.1-2-300, Siddipet Road, Jangaon, Warangal District.

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...PETITIONER

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AND

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The Commissioner, Nagar Panchyat, Jangaon, Warangal District. 2. The Assistant Director, Town Planning, Nagar Panchayat, Jangaon, Warangal District

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...RE'P.NDENT.

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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 appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in laying the road in petitioner land i.e., Survey No.464, Plot^No.1-2-7311 , situated at Jangaon Village, Warangal District as illegal, arbitrary and consequently direct the Respondents not to lay the road in the land of the Petitioner i.e., Survey No.464, Plot No.1-2-73i1 , situated at Jangaon Village, Warangal District.

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l.A. NO: 1 OF 2009(WPMP. NO: 26769 OF 2009)

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Petition under Section¹ 51 CPC^praying that in the circumstances^statedin the affidavit filed in support of the^petition, the High Court may be^{pleaseddirect} the respondents not to lay the road in the land of the Petitioner^{i.e., Survey} No.464, Plot No. l^-2-7311 , situated at Jangaon Village, Warangal District.

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Counsel for the Petitioner: SRI Y.ASHOK RAJ Counsel forthe Respondent No.1:^{GP FOR} PANCHAYAT^{RAJ& RURALDEV} Counsel for the Respondent No.2: AGP^FOR MUNICIPAL ADMINISTRATION The Court made the following: ORDER

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HON'BLE SRI JUSTICE J. SREENryAS RAO

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WRIT PETITION No.2O529 of 2OO9

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OR.DER:

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This rvrit petition is filed seeking the following rr:lief:

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"issue an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in laying the road in petitioner land i.e., Survey No. 464, Plot No.l-2-73/1, situated at Jangaon Village, Waranga I District, as illegal, arbitrary and consequcntly direct the Respondents not to lay the road ir-r the land of the Petitioner i.e., Survey No. 464, Plot No.l-2-73 / 1, situated at Jangaon Village, Warangal Distric t. "

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Heard Sri Y.Ashok Raj, learned counsel for the petitioner and learned Assistant Government Pleader for Municipal Administration appearing on behzrlf of respondent No.2.

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Learned counsel for the petitioner subrnits that petitioner is the absolute owner and possessc,r of land bearing Sy.No.464, Plot No. l-2-73/ 1, situate.d at Jangaon Village, Warangal District, and respondent No.1 is laying road in the subject property without following due process of law and without initiating proceedings under Land Acquisition Act. He further

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submits that earlier petitioner filed writ^petition No.24292 of 2OOO before this Court and the sarne was disposed of on O5.O8.2OO5 with a direction to the respondents to follow due process of law, by issuing notice to the petitioner before taking any steps^to acquire the petitioners land bearing Sy.No.464, extent l2OO Sq.yards, situated at Jangaon, Warangal District. In spite of the same, the respondents without issuing any notice, without following due process of law trying to lay the road.

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Respondent No.1 filed counter affidavit wherein it is stated that, the petitioner is not having any land 1n Sy.No.464, and also stated that petitioner is not having Plot No. l-2-73/1 as per the records of the Municipality, Jangaon. Therefore, the petitioner is not having any locus. It is brought to the notice o[ this Court that, respondent No.1 Nagar Panchayat upgraded to Municipality.

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Learned cor.rnsel for the^petitioner submits that respondents without enclosing any^{documentsfiled}

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counter. It is very much relevant to mention th.at the petitioner is having property in Sy.No.464. Learned counsel further submitted that since Nagara Panchayat is upgraded to Municipality, the petitioner may be permitted to submit afresh representation to the Commissioner, Jangoan Municipality, by enclosing relevalt documents.

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In view of the above submissions, without ;going into the merits of the case, the writ petition is disposed of granting liberty to the petitioner to subrnit afresh representation to the concerned municipality within a period of four (O4) weeks from the date of receipt of a copy of this order and on sr.ch representation, the Commissioner, Jangoan Municipality is clirected to consider the same and pass appropriate orders in accordance with law within a period of two (O2) months thereafter.

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7 . With t he above directions, the Writ petition is disposed of. No costs.

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Pending miscellaneous applications, if any, shall

stand closed.

SD/-G.SIREESHA

ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER'*t'"

The Commissioner, Nagar Panchyat, Jangaon, Warangal District. 2. The Assistant Director, Town Planning, Nagar Panchayat, Jangaon, Warangal District.

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One CC to SRI Y.ASHOK RAJ, Advocate [OPUC]

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Two CCs to GP FOR PANCHAYAT RAJ & RURAL DEV, High Court for the

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State of Telangana, at Hyderabad. [OUT]

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1. Two CCs to GP FOR MUNICIPAL ADIMINISTRATION, High Court forthe State of Telangana, at Hyderabad. [OUT]

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b- Two CD Copies

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PSK.

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HIGH COURT

DATED:1511112023

ORDER

WP.No.20529 of 2009

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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Syed Abdul Majeed, Warangal Dist. v. Commr. Nagar Panchayat, Warangal Dist. and Another

Case brief

What is this about?

What did the court decide?

Syed Abdul Majeed, Warangal Dist. v. Commr. Nagar Panchayat, Warangal Dist. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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