The High Court dismissed the Writ Petition under Article 226 challenging the construction of an overhead tank for non-prosecution as the petitioner's counsel did not appear before the Court on two occasions, leading the matter to be treated as abandoned.
None granted; the Writ Petition was dismissed for non-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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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE TWENTY FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 33548 OF 2022
Between:
Rathlavath Desiya Naik, S/o Late R.Jagaram, aged about 45 years, occ. Agriculture R/o Ramachandraguda village, Maheshwaram Mandal, R.R.District.
,..PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the respondent authorities in proposing to construct the over-head tank in the middle of the Drinking Water Pond popularly known as Kondeti Kunta situated in Sy.No. 281 of Ramachandraguda village, Maneshwaram Mandal, R.R.District, inspite of hectic objections made by thepetitioner and the villagers throughwritten
representations and the latest representation dt. 12.8.2022, as being illegal, arbitrary, unjust and u n constitutiona I and consequently direct the respondent authorities to construct the overhead tank on the bank of Kundeti Kunta or in the existing Gramakantam land.
lA NO: 1 OF 2022
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 to direct the respondent authorities to forthwith stop the construction of over-head tank in the middle of the Kundeti Kunta in Sy.No. 281 situated at Ramachandraguda village, Maheshwaram Mandal, R.R.District, pending disposal of the main Writ Petition.
Counsel for the Petiti,rner: SRI ANANTHA CHARY KURELLA
Counsel for the Respondent Nos.1, 3 & 4: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT
Counsel for the Respondent Nos.2 & 5: GP FOR REVENUE
Counsel forthe Respondent No.6: SRI C. KALYAN RAO,
S.C. FOR ZPs, MPs & GRAM PANCHAYATH
The Court made the following: ORDER
HON'BLE SRI JUSTICE C. V. BHASKAR REDDY
WRIT PETITION No.33548 of 2022
ORDER:
When the matter was listed on 04.01.2023, learned counsel for the petitioner has not represented before this Court. Hence, the case was directed to be listed under the caption 'for dismissa-l'.
Today a-lso, there is no representation on behalf of the petitioner.
In the circumstances, the writ petition is dismissed lor non-prosecution.
As a sequel, the miscellaneous petitior-rs, if any pending in the Writ Petition, shall also stancl closed.
SD/.N.CHANDRA SEKHAR RAO ASSTSTAryI REGTSTRAR / -^ ,TRUE COPY//
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HIGH COURT
DATED:2510112023
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WP.No.33548 of 2022
DISMISSING THE WRIT PETITION FOR NON-PROSECUTION WITHOUT COSTS
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Rathlavath Desiya Naik
The State of Telangana
District Collector
Executive Engineer, Panchayat Raj
Executive Engineer, Mission Bhagiradha
Ramachandraguda Gram Panchayat
C.V. BHASKAR REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
