High Court permitted petitioners to withdraw Writ Petition to sue respondents I-VII. Liberty was granted to file suit. The writ petition was dismissed as withdrawn with no order as to costs.
Permission to withdraw writ petition with liberty to file suit. No order as to costs.
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HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction)
THURSDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
WRIT PETITIO N NO: 9'15 OF 2023
Between:
...PETITIONERS
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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos.3 & 4 in not stopping / restraining the illegal landgrabbers / encroachers/anti-social elements from encroaching and levelling the subiect lands in Sy.No.23&28, TS No.22 & 28, Block F, \Nard 274, of Kandikal Village, Bandlaguda Tahsildar, Land Bank No.243, Hyderabad District and also not conducting the survey and demarcation
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of the Subject la rds and without .considering the representiition of petitioner dt'16112/2022 as being ittegar, arbitraiy and" viorativJ of p rirrciprei ,it "rtri"i justice and viorati 'e of Arlicre 14, 21 ;f 'constitution oi rndre i. ,?ul[riv, iiGgrr, without jurisdictior , rn violation.of prinsiples ot nairrut 1r.t,"e and consequenfly direct the respon rent Nos.3&4 to restlarn ft," iri"g;r encrc,achrlent over the subject land forthv ith.
lA NO: 1 OF 2023
Petition unc er Section.151 CpC praying that in the ci.llumstances stated in the affidavit fite,t in support ot the peiition, irr" frigh C"rii i:rV"U"'p;#;; direct the 3'c re spondent to conduct "rru"y u"nj dem arr:at the land in Sy No.23&28, TS llo.22&28, Btock F, Ward Ztq,'otkanaikaf ,lif,ag*, BanJJaguj; Tahsildar, Land Bi nk No.243, Hyderabad Districi fo;t;with as per the orders of the Hon'bre court ir wF' No 37692 0f zozz ot.lgiroizozz penl,tg d isposar of the above writ petition.
IA NO: 2 0F 2023
Petition und, rr Section .1 51 CpC praying that in the circ,l mstances stated in the affidavit file( rn support of.the peiition, th; iig; Court nay-fie'pil;;; direct the respond rnt Nos.3 & 4 to iestrain tn. ili"'g", encr()3chment over the rand in sy No.23828, rs No 22&28, ero"k i, waii"274, of N""airrr-viri"g", Bandlaguda Tahsi dar, Land. Bank No.243,'Hvoeraoau District iorin*iir, 1-v considering the res pondent of petitioner Dt.16/1il2or; pend n.q disposal of the above writ petition_
Counsel for theper itioners : SRI L.BHARGAVAKFIISHNA
Counsel forthe Re: ;pondent Nos.1 to 4: Gp FOR REVENUE
Counsel for the Re: rpondent Nos.S to 7 : Batta paid
The Court made tht following : ORDER
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HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITI ON No.915 of 2o.23
ORDER:
After arguing for some time, Sri L.Bhargav Krishna, learned counsel for the petitioners seek permission of this Court to withdraw the present Writ peti[ion wit]r a liberty to avail alternative remedies in compliance of the order dated 19.1O.2O22 in W.P.No.3T692 of 2022 and also to file suit against respondent I'ios.S to 7.
Permission is accorded.
Granting liberty assought, this. writ petition 1S dismissed as withcirawn. 'l'here shall be no orCer as to costs
As a sequel, the misceilaneous petitions, if alfy,
pending in the Writ Petition shall stand closed.
SD/.A.V.S.P AD ASSISTANT REGIS
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//TRUE COPY// It SECTION OFFICER
To,
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HIGH COUITT
DATED:1911112023
(I
ORDER WP.No.915 of 2023
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WRIT PETI'-ION IS DISMISSED
AS WITHDIIAWN.
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Ashok Chand Kapoor & Ors.
The State of Telangana
The District Collector, Hyderabad
The Deputy Director, Land Survey
The Tahsildar, Bandlaguda Mandal
Pattabhi Rami Reddy & Ors.
K. LAKSHMAN
As recorded by the court registry
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