Petitions filed under Article 226 and Section 151 CPC challenging demolition of a prayer house. Court noted respondents stopped interfering with the property and closed the writ petition without costs.
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I3303 I
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
WRIT PETITION NO: 21435 OF 2009
Between:
...PETITIONERS
AND
(The Conditional Order dated:3010412013 has not been complied with. Hence given effect and W.P stands dismissed as against R-4)
...RESPONDENTS
Petition under Article 226 of the Constitution of lndiaprayingthat in the circumstances stated in the affidavit filed therewith, theHigh Courtmay be pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of tvlandamus declaring the action of the respondentsin trying to demolish the Prayer House in Sy.No.218l1 , Behind GovernmentSchool, Saptagiri Colony, Neredmet, R.R. District is illegal, arbitrary and inviolationof principles of naturaljustice and consequently direct the respondents to allotpatta for the prayer House or sell the Same property with a discounted price, for which the petitioner is prepared to purchase.
l.A. NO: 1 OF 2009(WPMP. NO: 27856 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 bepleased direct the respondents not to interfere in the construction of the Prayer House in Sy.No. 218l1 , Behind Government School, Saptagiri Colony, Neredmet, R.R. District, and grant interim stay in this regard.
Counsel for the Petitioner : SRI K.SAI KRISHNA MOHAN RAO
Counsel forthe Respondent No.1 : GP FOR HOME
Counsel forthe Respondent No.2&3 : GP FOR REVENUE
Counsel for the Respondent No.4 :
The Court made the following: OR.DER
-/
THE HON'BLE SRI JUSTICE J. SREENTVAS RAO WRIT PETITION No.21435 of 2OO9
ORDER:
This writ petition is filed seeking the following relief:
" ...to bsue an appropriate u-tit, order or direction more particttlarlg one in the nature of u.tit of Mondamus decloing the action of the respondents in trying to demolish the Prager House in Sg.No. 218/1, Behind Gouernment SchooL, Saptagii Colong, Neredmet, R.R.Distict is illegal, arbitrary and in uiolation of pinciples of naturaljustice and consequently direct the respondents to allot patta forthe prager House or sell the Sctmepropertg uith a discounted pice, for u.hich the petitioner is prepared to purchase."
Sri K.Sai Krishna Mohal Rao, learned counsel for the petitioners' submits that, the respondents are not interfering with the subject property of the petitioners'. Therefore, no further adjudication is required.
Pending miscellaneous applications, if any, shall stand
closed
SD/. P, PADMANABHA REDDY ASSISTANT€EGI5TRAR //TRUE COPY// 4r,' SECTIO.ft OFFICER
HIGH COURT
DATED:2611212023
STATE
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ORDER
WP.No.21435 of 2009
CLOSING THE WRIT PETITION WITHOUT COSTS
1 issue framed by the court
Whether a writ petition regarding the prayer house needs continued adjudication when the respondents have ceased interference with the subject property.
Rev. K. Pratap Kumar and George Victor
Principal Secretary, Department of Home
Secretary, Department of Revenue
District Collector, Ranga Reddy District
Mr. Shivaiah
J Sreenivas Rao
As recorded by the court registry
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