Single Judge of Telangana High Court dismissed a writ petition filed regarding encroachments on government land. The court held the petition was not maintainable as the matter was sub judice and directed the petitioner to file a contempt case for non-compliance instead.
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HIGH COURT FOR THESTATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE FOURTEENTH DAY OFDECEMBER TWO THOUSAND AND TWENTYTHREE
PRESENT
THE HONOURABLE SRI JUSTICEB.VIJAYSEN REDDY
WRIT PETITION NO: 29831 OF 2023
Between:
Habeeb Fazlullah, S/o Habeeb Mohammed,Aged about 69 years, Occ;Business, R/o'l 9-3-559/4 12, Ghazi Banda, SanaBagh,Hyderabad-s00O02.
...PETITIONER
AND
.....RESPONOENTS
Petition Under Article 226 ol lheconstitution of lndia praying that in the circumstances stated in the affidavitfiled therewith,the High Court may be pleased to issue a writ, order or direction moreparticularlyone in the natureof writ of Mandamus, declaring the inactionon ttle part of the respondentsin taking action against the encroachrnentsin Sy.Nb.1 to 220 of Altapur Village, Ameenpur Mandal, Sanga Reddy District to anextent of Ac.1263.21gts by considering the representation of thepetitioner dated03-10-2023andto comply the Judgmentof Hon,ble High court in w.P.Nos.1879312005aM other batchmatters and also w.A.No.126 of 2013pending beforethe Hon'ble High court of Telanganaand consequently direct therespondentsto take action on the representationof the petitioner dated 03-'t 0-2023.
|.A.NO:1 OF 2023
Petition U nder section 151 CPCpraying that in the circumstances stated in the affidavit filed in supportof the petition,the High court may be pleasedto
direct the respondents to consider the representation. of the petitioner dated 0310-2023 in the interest of JUstice.
Counsel for the Petitioner : SRI K.SAI KRISHNA MOHAN RAO Counsel for the Respondents : AGP FOR REVENUE
The Court made the following ORDER
/./
.tHE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.29831 oF 2023
ORDER:(ORAL)
This writ petition is filed aggrieved by the inaction of the respondents in considering the representation of the petitioner dated 03.10.2023 and to comply with the judgment of this Court in W.P.Nos. 18793 of 2005 and batch of cases and W.A.No. 126 ol 20l].
2
the petitioner that directions were issued by the Division Bench, to the parties in possession not to destroy or damage or change the nature and character of the land. Thus, according to the learned counsel for the petitioner it is a direction to the panies to maintain status quo and the parties in possession cannot change the nature and character of the land. It is stated that in that connection, rhe petitioner submitted represenrarion dated 03. I 0.2023, directing the respondenr authorities to compry with the order dared 26.09.2023 passed by the Division Bench in W.A.No. 126 of 2013.
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file independent writ petition. There are no merits in thewrit
petition. Accordingly, the writ petition is dismissed. No order as
to costs
As a sequel thereto, miscellaneous applications,
if any, pending in the writ petition stand closed
's D'. MOHD.SANAULLAHANSARI ASSlsrANT REGIS R
/ITRUECOPY'/
SECTIO FFICER
SA LS
HIGH COURT
DATED:1411212023
ORDER
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WP.No.29831 of 2023
DISMISSING THE W.P
WITHOUT COSTS.
1A
2 issues framed by the court
whether a writ petition is maintainable for non-compliance of a prior order regarding encroachments.
whether the petitioner can file an independent writ petition when the matter is sub judice before the Division Bench.
Habeeb Fazlullah
The State of Telangana, Rep. by its Principal Secretary, Revenue Department
The District Collector, Sanga Reddy
The Tahsildar, Ameenpur Mandal
B. Vijaysen Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
