Dismissed

Gandla Pushpamanemma v. The Government of Telangana

Telangana HC16 Dec 2024WP/19042/2014

Case brief

AI extract

What is this about?

The High Court set aside an impugned order of the Joint Collector-II, Rangareddy district, which directed implementation of a decree from an OS pending a set-aside petition. The order was set aside because the underlying suit was dismissed on 02.12.2022.

What did the court decide?

The writ petition is disposed of by setting aside the impugned order dated 16.04.2014 in Case No.D1/1783/2011 passed by the respondent No.2.

Gandla Pushpamanemma Vs The… — Constitutional and Fundamental Rights | Telangana HC (2024)

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[³³⁰² ]

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

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MONDAY,THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENry FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K. SARATH

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WRIT PETITION NO: 19042 OF 2014

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Between:

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Gandla Pushpamanemma, Wo Lingaiah aged about 70 years, Occ Household R:/o Dharur Village and Mandal Rangareddy district

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...WRIT PETITIONER

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AND

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1 The Government of Telangana, Rep. by its Principal Secretary Revenue Department Secretariat, Hyderabad

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2 The Joint Coltector-ll, Rangareddy district at^'1 17, Khairtabad, HyOerlUaa '

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3 The Sub-Collector, Vikarabad division At Vikarabad, Rangareddy district

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4 The Tahsildar, (Earlier MRO) Dharur mandal at Dharur Rangareddy district

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5 Gandla Shivaraj, S/o Late Veerappa aged about 54 years, Occ Agriculture Ryo Dharur Village and Mandal Rangareddy district Presently residing aI 17-1386/5/78, Greenpark Colony, S.N.Reddynagar Hyderabad

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...RESPONDENTS

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Petilion under Arlicle 226 of the Constitution of lndia prayiflg thal in the, circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or Direction more particularly one in the nature of WRIT OF IvIANDAMUS declaring the impugned order passed by the 2nd Respondent in Case No.D1/1783/2011 dt.16.4.2014, directing the 4th respondent to implement the decree (exparte) passed in OS No.79/201 1 d1.25.6.2012 on the file of Senior civil Judge, Vikarabad, Rangareddy district without considering the fact of pendency o of set-aside^petition being lA No.553/2012 in OS No.79/201¹ as the same is arbitrary, illegal and against the^principles of natural^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 support of the petition, the High Court may be^pleased to receive the documenls, namely, i.) Order dated 24.7.2O14 passed by Senior Civil Judge, Vikarabad lA No.553 of 2012 in OS No.79 of 201 1 ii.) Order^passed by^3rd

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Respondent in file no.Ci572l2006^{dated 15.7.2O1O (as Exs'P'7and P'8) as} additional material PaPers

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l.A. NO: 1OF 20^{14(WPMP.NO: 23865 OF 20141}

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Petition under section 151 cPC^{praying that in the circumstances statedin} the affidavit filed^{in supportof the petition, the Highcourt may be pleasedto} iuspend the impugned^{order passed by the 2nd Respondent in Case} No.D1/1783/2011^{dl..16.4.2014pending disposal of writ petition}

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Counsel for the^{Petitioner:SRI. YOGESHKUMAR HEROOR}

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Counsel for the^{RespondentNos.1 to 4: SRI R. SUHAS REDDYAGP FOR} REVENUE

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Counsel forthe Respondent^{No.5: SRI S. NYAYA MURTHY}

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The Court made the^{following:ORDER}

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-g'

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THE HON'BLE SRI JUSTICE K.SARATH

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WRIT PETITION No.19042 of 2OL4

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ORDER:

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This writ petition is frled under Article 226 of Constitution of India seeking the following relief:

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"...to issue Wit Order or Direction more^{partianlarlgone in tle} nature of WRIT OF MANDAMUS declaring tle^{impugned order} passed bg the 2nd Respondent in Case No.Dl/1783/2011 dt.16.4.2o14 directing the 4th respondent^{to implementthe} decree (exparte)^passed in O.S.No.79/2011^{dt. 25.6.201Qon} the file of Senior Ciuil Judge, Vikarabad, Rangareddg^Di-stict ulitlnut considering the fact of^{pendencgof set-asidepetition} being 1.A.No.553/ 20 12 in O.S.No.79/²⁰¹¹ os^{the sameis} arbitrary ond illegal...

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\ 2. Heard Sri Yogesh Kumar Herror, learned^{Counselfor the} petitioner and Sri R.Suhas Reddy, learned^Assistant Government Pleader for^Revenue appearing^{for the respondent} Nos.l to 4 and Sri S.Nyaya Murthy,^{learned Counsel appearing} for the respondent No.5 and^{perused the material on record.}

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Learned Counsel for the petitioner submits^{that the} present writ petition is hled by the petitioner^{questioning the} impugned order dated 16.04.2014 in^{Case No.D1/L783} l2OlI passed by the respondent No.2/Joint Collector-Il'

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While arguing the matter, learned Counsel for the petitioner as well as learned Counsel for the respondent No.S submitted that after frling of the instant writ petition, the petitioner frled a revision petition to ser aside the exparte Decree and Judgment dated 25.06.2012 in O.S.No.79 of 2011 on tl:e file of the Senior Civil Judge, Vikarabad, Ranga Reddy District and the same was a_llowed. Thereafter, the trial Court has conducted trial in O.S.No.79 of 2Oll, which is a-'suit for declaration of title, permanent injunction and for rectilication of entries in respect of suit schedule propert_v and the sdme was dismissed on 02.12.2022. After dismissal of the said suit, the respondent No.5 frled A.S.No.3S of 2023 on the hle of the District Judge, Vikarabad and there is no interim order in the said suit as on this date. Hence, requested to pass appropriate orders in the instant writ petition. ''$

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In view of the submissions made by the learned counsel for t-l.e petitioner and the learned counsel for the respondent No.5 and also on perusing the entire material on record, this Court is of the considered view that the impugned order passe4 _ ,r/

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by the^{respondentNo'2 is only basing on the ex parte ordet} dated 25.06^{.2OL2 in O'S'No'79of 2Ol1 and now the said suit} was dismissed^{by the Trial Court on 02'12'2022and no interim} order in^{A.S.No.35 of 2023 on the file of the District Judge'} Vikarabad.^{In view of the same' the impugnedorderdated} 16.04.2014^{passedby the respond'entNo'2 is liable to be set} aside.

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In view^{of the same, the Writ Petition is disposed of by} setting aside^{the impugnedorder dated L6'O4'2O14in'Case} No.D1/ 1783l2Ol1^{passed by the respondent No'2/Joint} Collector-Il.^{The parties are at liberty to pursue their} -<sup>rights over the^{subject propertybeforethe CompetentCivil Court' No} order^{as to costs}

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7 Miscellaneous^{petitions,if any' pending in this writ petition} shall stand^closed.

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/ffRUE^COPY//

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SD/.V.KAVITHA ASSISTANT^{REGISTRAR g} ECTION^OFFICER

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To, 1. The Principal^{Secretary, Government of Telangana'Revenue Department} Secretariat,^HYderabad

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The^{Joint Collector-ll,Rangareddy districtat 1 17' Khairtabad'Hyderabad}

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The^{Sub-Collector' Vikarabad divisionAt Vikarabad'Rangareddydistrict}

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The^{Tahsildar,(Earlier MRO) Dharur mandal at Dharur Rangareddydistrict}

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One^{CC to SRI YOGESH KUMAR HEROOR Advocate IOPUCI}

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Two^{CCs to GP FOR REVENUE'HIgh Court for the Stateof Telangana'} tourl

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7 One CC^{to SRI S NYAYAN/URTHYAdvocate IOPUCI}

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Pn( a. Two ' cD copies

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HIGH GOURT

DATED:1611212024

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ORDER

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WP.No.19042 of 2014

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Gandla Pushpamanemma v. The Government of Telangana

Case brief

What is this about?

What did the court decide?

Gandla Pushpamanemma v. The Government of Telangana

Case brief

What is this about?

What did the court decide?

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