The High Court dismissed a writ petition filed under Article 226 of the Constitution as infructuous without adjudicating the cause due to lack of surviving cause of action.
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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HIGH COURTFOR THE STATEOF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY ,THE TENTHDAY OF NOVEMBER TWO THOUSAND AND TWENTYTHREE
PRESENT
THE HONOURABLE SRI JUSTICENAGESHBHEEMAPAKA
WRIT PETITION NO:25364 OF 2011
Between:
Sinouluru Usha Rani, KhammamDist, Wo. Nageswara Rao (DioLaJeAlla Appla naol CultivationRl/o. Jammugudem Village' AswaraopetMandal, Khammam District'
...PETrroNER
AND
3 The Special Deputy Collector,Tribal.Welfare, Bhadrachalam' 4 The Tehsildar, AswaraopetMandal, KhammamDistrict. A niii VenialedwaraRad, S/o LateAppa Rao CultivationRl/o. Jammigudem Village,AswaraopetMandal,KhammamDistrict. ...RES'ONDENTS
Petition under Article226 ofthe constitutionof lndia praying that in the circumstances stated inthe affidavit filed therewith, the. High court may be pleased to issue writ or directionpreferablywrit of Mandamus, declaringthe letter order of the'1st respondent dated 4.8.2011 in Letter N.o.8509/LTR-212O11, the order of the2nd respondent dated. 30.04.20'11 in l.A. NO. 46/20'11 and the order of the 3rdrespondentdated. 21.08.1997 in LR Case No. 297I95/ASPT in respectofthelandmeasuringextentofAcs.6-22gtsinSy.No.13andACs.8. 1 8 kts in sy. No.14 total admeasuringAcs.'1 5-00 situated at Jammigudem village, AswaraopetMandal, KhammamDistrict as illegal, arbitrary and violative of principles of naturaljustice,ultraviresthe provisionsof A.P. scheduledAreas Land Transfer Regulation1t1959 rlw Regulation111970and consequentlydirect the respondentsherein not to dispossessthe petitionerfrom the possessionand enjoyment of theland measuring extent of Acs.6-22 gts in Sy'No'13 and Acs' B-18 kts in Sy.No.14 total admeasuringAcs. ,1 5.00 situated at Jammigudem
village, Aswaraopet Mandal, Khammam District in pursuant to the order of the 3rd respondent dated 21.08.1997 in LTR Case No.297l95/ASPT
l.A. NO: 1 OF 2011(WPMP. NO:31214 OF 2011)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may bepleased to stay the dispossession of thepetitioner frompossession anrl enjoyment of the lands measuring extents of Acs. 6-22 gts in Sy.No. 13 & Acs. B-18 kts in Sy.No. 14 total admeasuring Acs. 15-00 situated at Jammigudem village, Aswaraopet Mandal, Khammam District, inpursuant to the impugnr:d orders of the respondents 1 to 3 dt. 4.8.2O1'1 in 1r.No.8509/LTR-2/2011,30.4.2011 in l.A.No. 4612011 and 21.8.1997 in LTR Case No. 297/95/ASPT respectively,pending disposal of the Writ Petition
Counsel for the Petitioner: SRl. KOWTURU PAVAN KUMAR
Counsel for the Respondent Nos.'l to 4: GP FOR SOCIAL WELFARE
Counsel for the Respondent No.5: None Appeared
The Court made the following: ORDER
THE HON'BLE SRI .IUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO.25364 OF 2O11
ORDER:
Mr.Kowturu Pavan Kumar, learned counsel appearing on behalf of the petitioner submits that cause in the writ petition does not survive ror adjudication.
Recording the above submission, the writ petition is
dismissed as infructuous. No costs.
Miscellaneous petitions, if any, pending in this Writ
Petition, shall stand closed.
\
SD/- N. CHANDRA SEKHARRAO ASSISTANT REGISTRAR //TRUE COPY/I u"{/ SECTION OFFICER
To, 1. Two CCs to GP FOR SOCIAL WELFARE ,High Court for the State of Telangana, at Hyderabad [OUT] 2. one ic to sRt.'rowTURUPAVAN KUMAR ,Advocate [oPUC] 3. Two CD Copies BM
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HIGH COURT
DATED:1011112023
ORDER
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WP.No.25364 of 2011
DISMISSING THE WRIT PETITION AS INFRUCTOUS WITHOUT COSTS
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Sinouluru Usha Rani
Principal Secretary to Government, SocialWelfare (LTR-2) Department
T.D.A.
Special Deputy Collector
Tehsildar
NAGESHBHEEMAPAKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
