A writ petition under Article 226 challenging encroachments on a road marginal area. The High Court directed the respondents to remove any existing encroachments on the NSP Canal Road following due process of law without conducting an inquiry.
Direction to remove encroachments on NSP Canal Road if any exists as on the date.
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.
[32e6 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE TWELFTHDAY OF OCTOBER TWO THOUSAND AND TWENTYTHREE
PRESENT
THE HONOURABLE SRI JUSTICE C.V.BHASKAR REDDY
WRlT PETITION NO:242 OF2010
Between:
Srtapuram Power Limited,Sitapuram, Dondapadu Village, Mellacheruvu l,4andal, Nalgonda District, BeingRep. by its I,4anager, Administration and Liason, Sri K. LakshmiPathiRaju.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 otlhe constitution of lndia praying that in the circumstances stated in theaffidavit filed therewith, the High court maybe pleased to issue a writ, order or directionmore particularly one in the natureof writ of Mandamus. directingthe respondentsto take action for removalof the encroachments made bythe 6th respondent i.e., flag post which was unauthorized constructed in front of themainentract gate of the petitionercompany in the road margin of R and B PublicRoad i.e., Dondapadu to MuktyalaRoad and the other encroachments made by othersin the road margin of the said road,by declaring that the inaction of the respondentsin not removingthe said encroachmentsis highly unjust, unwarranted,contraryto law,illegal and unconstitutional-
II
7
t.A. NO: 1 oF2010(WPMP. N O: 2620F 20101
petition under Se the arrdavt r ud n .,p;;:;;"T:,:TT:l[:H..-;#T:::ff:; the respondents to remove the encroachnrents made by the 6th respondent i.e. flag post which was unauthorized constructed in fror rhe power ptant or the peririoner company,, ,^. Jjjt;:;rlT:H:rJi:: Road i.e., Dondapadu to A,4uktyala Road and further directing the respondents not to aflow any kind of encroachments in the road mi removing all the encroacl Dondapad u to Kuktya a, ffi I:::: ;*f:#f;;:Xf t::i :,
Counset for the petirion":._:T.r C.RAMACHANDRA RAJU ::.lT:lforthe RespondentNos.1 a i, ci.io"n il uounsel for the Respondr & BulLDlNGs uounser ror the Responr;ll lYot:3 -&-+'cp i5h' ffifl?t t,ounser for the Resporr;llil3.3,cP FoRREVENUE
The Court made the following: ORDER
HON'BLE SRI JUSTICEC.V. BHASKARREDDY
WRIT PETITION No.242 of2O1O
ORDER
This u'rit petition is filed seekingthe following relief
''-.... .lo rs-sr{e a Wnt, order or directiot\ more Parlicularly otte t tlTe uotutc of Wil ofMatldannts, directingthe respondentNo 7 lo rctuot)e tle encroochnrcti.e., unauthoised Jlotpost ('on.sl,irctc(l by tlrc 6n' respotrclent in rhe IVSP Canal Margirt, in frott of tlrc r :.itt entranccgate of the PouerPLantof tlrc petittoter situotecl irr [)orrclapaclrtVillage,Mellacheruvu Mattdttl, NalgotLtlo Dastrrcr o,td 2.1-sssru:hother reliefs..."
2 The petitioner is apower plantcompanysituatedin DondaLpadu Village, abuttingto R & B PubUc Road from Dondapadu to Jaggayyapeta,generating power and supplying the pos'erto the State Government.It is the case of the petitioner thatsomeof the contractemployeesof the plant have formed as a union i.e.,6threspondent and have constructed unauthorizedconstructionsby encroaching the road leading to Dondapaduto Jaggayyapetaand causing inconvenience to theingress and egressto the users of that road. It is the furthercase of the petitioner that ithas submitted a representationto respondent Nos.2 and 3 for removal of the encroachmentson the NSP canal road megifl/R&BPublicRoad.
=---_
1
(.VI]R, J ('? l4l 2010
3
CVBR. J \p 2.11 2010
6 . With the aboveobse rt'ations,the Writ PetitionI s
disposed of.No costs
any, shall standclosed.
//TRUE coPY/'
ASS'srAi?hvE5'Yllf; =EcrloN#t,.=*
PSK.
GJP
b
t
HIGH COURT
DATED:1211012023
ORDER
WP.No.242 ot 201O
1HE s 14 14:
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(,) 2 I N0I/ 2023
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DISPOSING OF THE WRIT PETITION WITHOUT COSTS. (r'{'
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3 issues framed by the court
Whether the respondents should direct the removal of encroachments on the NSP Canal Road.
Whether the impugned order infringed the ingress and egress rights of the petitioner.
Whether there need be any inquiry to determine who had an enforceable claim to the road.
Colour shows how this judgement treated each authority
None citedReferred
1 provisions across 1 enactments
Sriaturam Power Limited
Executive Engineer, Roads and Buildings
Deputy Executive Engineer, R and B Department
Deputy Superintendent of Police
Sub Inspector of Police
Tahsildar
C. V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
