Dismissed

Penala Sadanandam v. The State of Telangana

Telangana HC25 Jan 2023WP/5147/2022

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition filed for mandamus to stop alleged illegal construction on land claimed to belong to the petitioner. The court held the petition non-maintainable as the title dispute was already pending in a civil suit and relief cannot be granted in civil matters via special original jurisdiction.

What did the court decide?

Dismissal of the writ petition with liberty to pursue claims in the pending civil suit.

Penala Sadanandam Vs The State of Telangana — Land Acquisition | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY,THE TWENTY FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 5'147 OF 2022

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Between:

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Penala Sadanandam, Sio. Veera Somaiah, Aged about 55 years, Occ. Business, Ri,/o H. No. 3-5-4112, Kumarpally, Hanamkonda, Warangal City and District

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...PETITIONER

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AND

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1 . The State of Telangana, Rep by its Principal Secretary, MA. and UD Department, Secretariat, Hyderabad.

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1. Greater Warangal Municipal Corporation, Rep by its Commissioner, Warangal.

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1. Neelikanti Shankar Narayana, Sio: Srimannarayana, Aged. Major, Occ. Business, R/o H.No. 1-1-25611 Prashanth Nagar, Khazipet, Warangal.

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1. Neelikanti Kalavathi, Wo Srimannarayana, Aged about 64 years, Occ. housewife, Rl/o Boddu Chintapally village, Geesukonda Mandal, Warangal, Warangal District.

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 2nd respondent in considering the petitioners representation dated: 08/03/2021 and 0410112022 made against the 3rd and 4th respondents herein for dumping the construction material in the petitioners land in Survey No. 102A an extent of 16 112 gts of Agricultural dry Iand situated at Gorrekunta Village, Geesukonda Mandal, Warangal, Warangal District bounded on East. land of Kesari Komariah, West. Road, North. Land of Dabba,'Ramaiah and on South. Road, as illegal and arbitrary and in violation of Article$ 14,,21 and of 3004 Constitution of lndia. Consequently direct 2nd

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respondent to stop the construction work considering the petitioners / representation dated 08/03/2021 and 0410112022 made against ttfe 3rd and 4th respondents herein for dumping the construction material in the petitioners land in Survey No. 102,A an extent of 16 112 gts of Agricultural dry land situated at Gorrekunta Village, Geesukonda Mandal, Warangal, Warangal District bounded on East. land of Kesari Komariah, West. Road, North. Land of Dabba Ramaiah and on South. Road, as illegal and arbitrary and in violation of Articles 14,21 and of 3004 Constitution of lndia, in the interest of^justice.

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lA NO: 1 OF 2022

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Petition under Section 151 CPC praying. that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to direct 2nd respondent to stop the construction work considering the petitioners representation dated 08/03/2021 and 0410112022 made against the 3rd and 4th respondents herein for dumping the construction material in the petitioners land in Survey No. 1024 an extent of 16 112 gts of Agricultural dry land situated at Gorrekunta Village, Geesukonda Mandal, Warangal, Warangal District bounded on East. land of Kesari Komariah, West. Road, North. Land of Dabba Ramaiah and on South. Road, as illegal and arbitrary and in violation of Articles 14,21 and of 300A Constitution of lndia pending disposal of the main writ petition, in the interest of^justice.

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Counsel for the Petitioner: SRl. V DURGA NAGESWARA RAO

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Counsel forthe Respondent No.1 and 2: GP FOR MUNICIPAL ADMINISTRATION URBAN DEVELOPMENT

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Counsel for the Respondent No.3 and 4: SRI.K. MALLESWARA RAO

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

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W.P.No.Sl47 ol 2022

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ORDER:

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This writ petition is being disposed of ol lhe odmission stoge with the consenl of both porties.

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This writ petition is filed seeking the following relief :

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".......1o issue ony wril. order or direclion more porticulorly one in lhe nolure of Wrif of Mondomus decloring the inoction of lhe 2nd respondent in considering the pelitioner's representotion doted 08.03.2021 ond O4-Ol -2022 mode ogoinst the 3rd ond 4th respondents herein for dumping lhe construction moteriol in the peiitioner's lond in Sy.No.l02A on exlenl of l6 % gls of Agriculturol dry lond situoted ot Gorrekunlo Villoge, Geesukondo Mondol, Worongol District bounded on Eost: lond of Kesori Komorioh, Wesl: Rood, Norlh: Lond of Dobbo Romoioh ond on South: Rood, os illegol ond orbitrory ond in violotion of Articles 14, 21 ond of 300-A Constitution of lndio. Consequently direct 2nd respondent to stop the construction work considering the petiiioner's representotion doled 08.03.2021 ond O4.O1 .2022 mode ogoinst the 3d ond 4rh respondents herein for dumping ihe construction moteriol in the pelitioner's lond in Sy.No. l02A on exlent ot 16^t/z gls of Agriculiurol dry lond situoied ol Gonekunto Villoge. Geesukondo Mondol, Worongol Diskicl bounded on Eost: lond of Kesori Komorioh. Wesl: Rood, North: Lond of Dobbo Romoioh

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ond on South: Rood. os illegol ond orbikory ond^an violotion of Articles 14, 2l ond of 300A Consiitution of lndio, in the inleresl of^juslice ond poss such olher order or orders ....."

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It is the cose of the^petitioner thol he is lhe obsolute owner ond^possessor of lhe lond in Sy.No.l02A lo on extent of 16^1/z gts of Agriculturol dry lond siluoled ot Gorrekunlo Villoge, Geesukondo Mondol. Worongol District. ll is the further cose of the petitioner thol respondenl Nos.3 ond 4. wilhout ony oulhority of low, hoving eniered into his lond ore lrying lo conslrucl ccmpound woll oround the^property ond^grob the some illegolly. Therefore, the petitioner submilled o representotion 1o the Municipol Authorilies to stop the construction conied oul by respondent Nos.3 ond 4. lt is olso sloted thot with regord to the very some^properly, o suit hos been instituted vide O.S.No.B24 ot 2011 on the file of I Additionol Senior Civil Judge, Worongol by one Kodori Buchoioh for declorotion of title ond lhe some is pending.

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A reoding of the offidovil discloses thol to resolve civil dispules, lhe^petitioner hos instituted lhe^presenl writ^petition. Since lhe relief os sought ogoinsl the respondents connot be gronted,r the writ petition os filed is not mointoinoble ond_is _- , - .

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lioble to be dismissed. However. liberly is given to the petilioner to roise oll his cloims in the pending suil or institute o fresh suit ogoinsl lhe persons who ore lrying lo encrooch the property.

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Accordingly, writ petilion is dismissed. No costs.

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As o sequel, the miscelloneous pelitions pending, if ony, shollslond closed'

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HIGH COURT

DATED:2510112023

ORDER

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WP.No.5147 of 2022

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DISMISSING THE WRIT PETITION

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WITHOUT COSTS.

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Penala Sadanandam v. The State of Telangana

Case brief

What is this about?

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Penala Sadanandam v. The State of Telangana

Case brief

What is this about?

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