The High Court dismissed a writ petition challenging the laying of a foundation stone by authorities in alleged violation of previous court directions. The petitioners were absent, and the decision was based on the respondents' counter-affidavits and lack of petitioner response, dismissing the petition without costs.
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.
t3168l
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION NO: 13927 OF 2009
Between:
...PETITIONERS
AND
The Mandal Revenue Officer, Bandlaguda, Hyderabad.
SP-ONDE
Petition under Article 226 ol lhe 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 in the nature of ltrlandamus declaring the action of the respondent authorities in trying to lay the foundation stone in Sy.No.80 and 81 of Bandlaguda Village and Mandal,
Hyderabad District in the absence of the demarcation of Sy.No.B2, Belonging to the State as per the direction of this Hon'ble Court in Wp No. BlSg/2008, dt.16-042008, as being illegal, arbitrary, capricious, malafide and violative Art. 300-4 of the Constitution of lndia-
l.A. NO: 1 OF 2009(WPMP. NO: 18231 OF 2009)
Petition under Section 151 cPc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to grant injunction restraining the respondent authorities for laying fo und ation/construction of the housing colony for the weaker section in sy.No. g0 & Bj in the guise of Sy.No. 82 of Bandlaguda Village and Mandal, Hyderabad District Contrary to directions of this Hon'ble Court in WP No. 8159/2008 dt. 16-4-2008.
Counsel for the Petitioners: SRI SYED SHAREEF AHMED (NOT PRESENT)
Counsel for the Respondent Nos.1 and 2: ltI/S f,!. BHAGYASRI
(sc FoR rvtc RAIVIAGUNDAM) (NOr PRESENT)
Counsel for the Respondent Nos.3 to 5: Gp FOR REVENUE (NOT PRESENT)
The Court made the foltowing: ORDER
HON'BLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION No.13927OF 2OO9
ORAL ORDER:
Despite listing the matterin thecaption'for dismissal', even today, there is norepresentation on behalf of the petitioner.
.
2
the purpose of proposed construction of U80 houses at Bandlaguda under JNNURM Scheme for poorest of the poor in the society, an extent of Ac. 11.08 gts., out of the said surplus land of Ac. 13.20 gts., was handed over to the District Manager (Housing), Hyderabad by respondent No.5 on O2.O5.2OO7. Remaining land was nllotted to the HMWS and SB authorities for the purpose of construction of ground level service reservoir (water tank), the HMWS and SB authorities have already constructed GLSR water tank in the said land in Sy.No.S2 of Bandlaguda, six months back. The land admeasuring Ac.11.O8 gts., was handed over to the District Manager (Housing) on 02.O5.2OO7 and. barbed wire fencing was raised in the month of May, 2OOT as demarcated by the surveyor and respondent No.S.
Pursuant to that, physical possession of the land admeasuring Ac.ll.O8 gts., in Sy.No.82 of Bandlaguda was handed over to GHMC by the District Manager (Housing), under cover of panchanama as per demarcation shown by respondent No.5 and Revenue Divisional Officer, Hyderabad after physical verification of the land on O3.O7.2009. On 14.07.2OO9, foundation stone was laid for proposed construction of 8BO houses in the said land, Therefore, the apprehension of the petitioner that foundation stone is laying in his land in Sy.No.8O or 81 is false.
.+
IS 7. In the light ol thesame, this writpetition
dismissed. There shallbe no order as to costs'
As a sequel thereto,miscellaneouspetitions,if any,
pending in the Writ Petitionshall stand closed' SD/. A. SRINIVASA REDDY ASSISTAN GISTRAR
//TRUE COPY//
SECTI OFFICER
To,
TJ GJP
W
HIGH COURT
DATED:2611112024
ORDER
WP.No.13927 of 2009
( o B l ilE
o O6 JAN 2W $r->
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n
P4
rC H E (-r
DISMISSING THE WRIT PETITION
WITHOUT COSTS
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1 issue framed by the court
Whether the petitioners are entitled to a declaration that the respondent authorities' action in laying the foundation stone is illegal despite non-demarcation of State land.
Ghouni Mohan
The Greater Hyderabad Municipal Corporation
K. Lakshman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
