Petitioner challenged revenue officials manipulating records regarding his land. Court found the subject matter portion was previously evicted and taken over by Government under 2009 proceedings. Petition disposed as cause no longer survives.
Writ petition disposed. No 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.
[32s6 l
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY,THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENW FOUR
PRESENT
THE HONOURABLE SRIJUSTICE C;V. BHASKAR REDDY
WRIT PETITION NO: 1630 OF 20m
Between:
Sri Gangapuri Mohan Rao, S/o G.Musalaiah, Aged about 47 years, Occ. Agriculture, R/o. H.No.2-2-27, Sai Nagar Colony, Patha Plavancha Town, Bhadradri-Kothagudem District'
...pETrroNER
AND
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, seeking a direction to conduct a detailedprobe by the10th respondent with regard to the atrocious activities being committed by the revenue officials of the Bhadradri-Kothagudem District in manipulating the revenue records at their whims and fancies for obvious reasons and extraneous considerations
moreparticularly withregardto an extentof Ac. 4.02 guntasof land situatedin survey No. 817/ 34 ofPalvanchaurban of Palvancha Mandal,Bhadradri- Kothagudem Districtbelonging to the petitioner and cottsequentlyto take stringent action againstthe errant officials including scarpin(, down of Revenue department apartfrom initiating appropriate action againstall other officialsand departments supportingsuch illegal acts contrary to seftled-llrinciple of lawand contrary to variousother laws and rules made thereunde rr as being illegal, arbitrary, Un-Constitutional,violativeof principles of natural justiceandviolative of Articles 14, 19,21 and300-A of the Constitutionof lndia
lA NO: 2 OF 2020
Petition under section 151 CPCpraying thatin the circrlmstances statedin the affidavit filed in supportof the petition,the High court may be pleased to direct the respondents not toinvokePreventive DetentionAct against this petitioner or his family members in respectof this lis, penclingdisposalof the above writpetition in theinterestof justice
lA NO: 1 OF 2O2o
Petition under section 151 CPCpraying thatin the circ Jmstances statedin the affidavit filed in supportof the petition, the High courtmay be pleased to direct the respondents tohenceforth stop the illegal constnrctionof compound wall by the 9th respondent overthe sublect landbelonginglto the petitioners, pending disposal of the above writpetition in theinterestof ju:;tice
lA NO: 3 OF 2020
Between:
P.Sudhakar, S/o P.ViswaswaraRao,Aged 65 years,'Jcc.Business,Rl/o. Haritha School, lndiraNagar Colony,Kotha Palvancha Town,Bhadradri- Kothagudem District .....pETrroNER/rlESpoNDENTNo.9
AND
Petition under Section 151 CPCpraying that in the circumstancesstated in the affidavit filed in support of thepetition, theHigh Court may be pleasedto vacate the interim order dated 1110312020 inW.P.No. 1630 of 2020 in the interest ofjustice
Counsel for the Petitioner: SRl. KONDAPARTHISRINMSA Counsel for the Respondent Nos. 1,5&6: GP FORHOME Counsel for the Respondent Nos. 2to4: AGPFOR REVENUE Counsel for the Respondent No.9: SRI M. KIRANREDDY Counsel for the Respondent No.10: SRI K. SURENDER Counsel for the Respondent No.11: SRI N. PRAVEENKUMAR,
SC FOR MUNICIPALITY
Counsel for the Respondent Nos.7&8:--
The Court made the following: ORDER
THE HON'BLESRI JUSTICEC.V.BHASKAR RI}DDY
WRIT PETITION NO.1630 0F2020
ORDER:
This writ petition is filedby the petitioners seeking the following relief
"-.-..to issue a Wit, Order orDirectionmore pa4iculo y one in the rLature of Witof Mandam'us,seeking a dh.ectiott to conduct a detailedprobe bg respond.ent No-lO ruith regarcito the atrocious actiuitiesbeinq committedbu the reuenueofftcials of the Bha.dradi'KothagudemDistrictinmanipulotingthe ret)en e recorrls at theiruhims and fancies Jbrobuiottsreas()ns and exlraneous mnsiderationsmore partianlarlywitlt reganl to an extent of Acs.4.02gts., of tandsituated in SuruegNo.817,t34 of Paluanchtt(Jrban ofPaluanchaManda[Bho'dracii' kotlngtdem Dtstictbelonging to thepetition erttnd con-sequently to takestingent actionagainstthe erralT'. olficials including scarping dotun ofReuenueDepaflmentaF atl J.rom initiating ayspropiateaction aqainst all other oflic:als itnd departments supportingsuch iltequ! ..cts contrarA to settled pinciples of lau and contraryto uctiotts otherla u's l nd ru.les made ther eun de r asill e g a l,a r bi t rct ru,L I nt: orr st it tttiontt L,uio lat.iu e of pinciples o.f noturaljustice and uiolatiue of Artick:s14, 19 21 and 3OO-A of the Constitutionof India artl lttrotheraporc.tpnate reliefs".
2
CVBR,J wP_L630-2020
the petitioner's father successfully resisted the high handed acts of the father of respondent No.9 and continued his possession till his demise, in the year 1996. After the demise of petitioner's father, petitioner succeeded the subject land. It is further stated that the Revenue and Municipal officials with the aid of police officials have been threatening the petitioner and restraining him to enter into the subject land. It is furtl-rer stated that in the year, 2OO9, similarly situated persons like petitioner filed writ petition uide W.P.No.24318 of 2OO9 on the Iile of this Court and this Court granted status quo orders uide WP. MP.No.3 1 617 of 2OO9 in W.P.No.24318 of 20O9 dated 1I.LL.2OO9, in respect of various ex[ents in Sy.Nos.8i7 134, 817 /35, 817 /36, 8L7 138, 8LT /40 and 817 164, in wl-rich thc survey number of the petitioner is also included. [t is furthe r sta tcd that even though, the status.quo order existing as on clalc, rcspondent No.9 started constructing compound wall over thc subjcct land without there being any permission from Municipal Authorities.
CVBR,J wP I 630 2020
3
1
I I
CVBR,J wP 1630 2020
4
dated 23.11.2009 and the subjectmatter in thewrit petition is relating to the extent of Acs.O4.02gts., formingpartof Sy.No.817/34, the cause in the writpetition isno longersurvives for adjudication. However, keeping inview of their-rterest ofthe public at large, the District Collector is directed to take care of the lands which have been takenpossession andutilize the same only for the public purpose.
Miscellaneous petitions, if any pending in this writpetition shall stand closed. No costs.
SD/-P.CH.NAGABHUSHAMBA /
ASSISTANT REGISTRAR /
\
//TRUE COPYII
SECTION OFFICER
To,
{i'[[{r]3ui,"iBlffi L}f :{fi XTSS::f 3?,i3i'"Dstrct e. rwo ccs to cp FoR norr,re',uid'n"c;;"f;;iilbtir. Jr"fehngana at Hyderabad [OUTI "Rll,X,,f 10.Two CCs to Gp-FOR REVENUE, High Court for the State of Tetangana, at Hyderabad [OUTI 11. One CC to SRt. N pn{yEEryL<UMAR, SC FOR MuNtctpALtTy lopuc] 1? 9""CC to SRt. K. SUREND_ER AJr""'rt.-foFijir 't3.one CC to SRt. M. KTRAN nebov,-n-oio*ir'6'fdFucf 14.Two CD Copies BM/BSK v('IiA
HIGH COURT
DATED:1611212024
ORDER
WP.No.1630 of 2020
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DISPOSING OF THE WRIT PETITION WITHOUT COSTS a, YlL
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2 issues framed by the court
Whether the cause in the writ petition survives for adjudication given that the disputed land has been taken over by the Government under pancnnama.
Whether the District Collector is directed to ensure public utility of the government-held land.
2 provisions across 2 enactments
Sri Gangapuri Mohan Rao
P.Sudhakar
The State of Telangana
Central Bureau of Investigation
Palvancha Municipality
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
