In a petition filed by two Schedule Tribe members challenging dispossession of land without disposal of patta applications, the High Court of Telangana dismissed the writ for lack of prosecutorial interest following the death of the lead petitioner.
No order; writ petition dismissed due to lack of interest in prosecution.
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.
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IN THE HIGHCOURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction)
TUESDAY, THE ELEVENTHDAY OF JULY TWO THOUSANDAND TWENTY THREE
PRESENT
THE HONOURABLEDR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITI ONNO:210960F 2016
Between:
...pETrroNERS
AND
...RES'.NDENTS
Petition under Article226 ofthe constitutionof lndiaprayingthat in the circumstances stated inthe affidavit filed therewith,the High courtmay be pleased to issue a writ order or directionmore particularlyone in the nature of writ of mandamus declaringthe action of the respondents in trying to dispossess thepetitioners fromthe landto different extents of Ac.10.00 gts and Ac.10.00 gts situated at RegaliaVillge, Paloncha Mandal, Khammam Districtwithout disposing the PetitionersApplications, dt.2t12-2014made by them for grant of pattas as they are belonging toscheduledtribe in the spirit of the judgmentreportedin 20i6 (3) ALT 451is ittegal,and void and opposed to Articles, 14,19,21and 300- A of the Constitution oilndia and consequentlydirect the respondentsnot to interfere with thepeaceful possessionand enjoymentof land without following theprocedure contemplatedeither the AP Forest Act 1967 or AP Scheduled Tribes and other TraditionalForest Dwellers (Recognitionof Forest Rights) Act 2006.
t.A. NO: 2 OF2016(WPMP.NO:25868 0F 2016
Petition under Section151 CPC prayingthat in the circumstancesstated in the affidavitfiled in support of the petition, th e High CourtmaY be Pleasedto
direct the Respondentsnot to interfr:ro ln to land to different extenlsof Ac.10.00 gts and Ac. 10.00gts situated atRegalia Villge, Paloncha [t/landal, Khammam District.
l.A. NO: 1 OF 2016(WVMP.NO: 3339OF 2016 Between:
AND
...RESPONDENTS/PETITIONERS
(Resoondents/Respondent No.3&4 are not necessaryparties in this Petition)
petition under Section 151 CPC praying that in the crrcumstances stated in the affidavitfiled in support of the petition,the Highcourtmay be pleased To vacate theinterim orders passed on 1'-o7-2016 in WPIV1PNo. 25868 of 2016in WP No. 21096ol 2016.
Counselfor the Petitioner: SRI PULLA RAO YELLANKI Counsel forthe Respondents: GP FOR FORESTF The Courtmade the following:ORDER
7
HON'BLE Dr. JUSTICECHILLAI{UR SUMALATIIA WRIT PETITIONNo.2LO96of 2016
ORDER
1 . This Writ Petitionis filed to declare the action of the respondents in tryingto dispossess the petitionersfrom the land to differentextents of Ac IO'OO guntasandAc' 1O'00 guntas, situated at RegallaVillage, PalonchaMandal' Khammam District,withoutdisposing the applications of the petitioner dated 24.12.2014for grant of pattas, as illegal and consequently to directthe respondentsnot to interferewith the peaceful possessionand enjoyment of the petitioners'land without following dueprocedure prescribed under law'
Miscellaneouspetitionspehdittg, if any, shall stand
closed.
//TRUE COPY//
SD/. K. AMMAJI ASSTSTANJ_SEGTSTRAR sec#ftorrtcen
To, 1. One CC to SRI PULLA RAO YELLANKI Advocate [OIUCI - - i: iil ccs iJci FoR FoRESTS,High courtfor the state of Telangana at Hyderabad. [OUT] 3. Two CD Copies. BSK o* cHR
HIGH COURT
DATED:1110712023
ORDER
WP.No.21096 of 2016
gE S rA)-€
(
v
5f
0 2 t\UE 2m
-: ti I 7
DISMISSING THE WRIT PETITION WITHOUT COSTS
)
1 issue framed by the court
Whether a writ petition filed for protection of land possession by Schedule Tribe members must continue after the death of the lead petitioner.
Vankudoth Krishna
Vankudoth Madhu Babu
The State of Telangana
DR. JUSTICE CHILLAKUR SUMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
