Disposed

Bachu Jagan Mohan Rao, v. The State of Telangana, Rep. by its Principal Secretary

Telangana HC19 Sept 2024WP/28653/2015

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an eviction order. The Court directed Respondent No.3 to dispose of pending administrative appeals concerning the eviction schedule within six weeks, maintaining an earlier interim order of status quo in the meantime.

What did the court decide?

Direction to Respondent No.3 to dispose of CMAs Nos. 43/2012, 9/2013, and 8/2013 within six weeks; earlier status quo order to remain in force.

Bachu Jagan Mohan Rao, Vs The State of Telangana, Rep… — Property and Title | Telangana HC (2024)

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1s2521

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

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THURSDAY,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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.THE HONOURABLE MRS JUSTICE SUREPALLI NANOA

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WRIT PETITION NO: 28653 OF 2015

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Between:

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Bachu Jagan fVlohan Rao, S/o.Chandraiah, aged years, R/o. Venkatapuram Village and lvlandal, Khammam District.

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Bodepudi Venkata Rao, S/o. Apparao, aged 45 years, R/o. H.No.6-'142, Venkatapuram Village, Venkatapuram Mandal, Khammam District.

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Pitta Dasaraha Sai Satyanarayana Reddy, S/o Venkatareddy, agei 52 years, R/o. Venkatapuram village, Venkatapuram Mandal, Khammam District.

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..,PETITIONERS

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AND

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1 The State of Telangana. Rep. by its Principal Secretary, Tribal Welfare Department. Secretariat, Hyderabad.

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2 The Agency Divisional Officer, Bhadrachalam, Khammam District.

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3 The Additional Agent to the Government, & Project Officer, ITDA, Bhadrachalam. Khammam District.

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4 The Tahsildar. Venkatapuram Mandal, Khammam District.,

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affadavit filed therewith, the High Court may be pleased to lssue a Wrrt. Order or direction more in the nature of Mandamus declaring lhe actron of the Respondents in passing order of eviction in respect of the build ings/res identia I houses/shops situated in Sy.No.68/Part to an extent of 0.05 cents, Sy No 75lP to an extent of 0.05 cents and to an extent of 0.08 cents (building H No 9-9) situated in Venkatapuram village and Mandal of Khammam District belonging to petrtroners without passing any orders on C.M.A.Nos.4312012, 912013 and Bl2O13 and taking steps to evict the petitioners from the schedule of properties quoting the orders passed in C.M.A. No.4512012 dated 1-8-2015 is illegal, arbitrary and rn vrolation of Articles 14, 19,21 and 300 (A) of the Constitution of lndia and consequently direct the Respondents not to interfere with the possession and enjoyment of the buildingsishops without disposing the C.M.As of the petitioners

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l.A. No: 1 OF 201s(WPMP. NO: 37134 OF 2015)

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Petition under Section 151 CPC praying that in the circumstances statedⁱⁿ the affidavit filed in support of the petition, the High Court may be^{pleased issue an} interim direction directing the Respondents not to interfere with the^possession and enjoyment of the residential house/buildings/shops of the^petitioners situated in Sy.No.68/Part to an extent of 0.05 cents, Sy.No.75lP to an extent of 0.05 cents and to an extent of 0.08 cents (building H.No.9-9) srtuated in^Venkatapuram village and Mandal of Khammam District pending disposal of the C.M.A.Nos.43/2O12, 912013 and 8/2013 on the file of the 3rd Respondent Appellate au-thority pending disposal of the bove Writ Petition

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Counsel for the Petitioner: SRl. P V RAMANA

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Counsel for the Respondents: GP FOR SOCIAL WELFARE

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The Court made the following: ORDER

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HON'BLE MRS JUSTICE^{SUREPALLI NANDA}

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WRIT PETTT ION No.28⁶⁵³ 0F^{201 5}

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ORDER:

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Heard Sri P,V.Ramana, learned^{counselappearing} on U'enatf of the^{petitionersand thelearned} Government Pleader for Social^{Welfare, appearingon} behalf of respondent^Nos.1 to^4.

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The^petitioners approached the^{Court seeking} prayer as under:

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" ..- Issue a Writ order or direction more in the nature of Mandamus declaring Lhe action of the^{Respondentsin} passing order of aviction in respect of the buildings/residentia I^{houses/shopssituatedinSy.No.} 6a/Part to an extent of^{0.05 cents, Sy.No.75/P to an} extent of 0.05 cents and to an extent of 0.08^cents (building H.No.99) situated in Venkatapuram Village and Mandal of Khammam Dtstrict belonging to^petitioners without passinq any orders on C.M.A-Nos'43/2012, 9/2013 and B/201) and^{taktnq steps toevict the} petitioners from !he schedule of^{properties quoting} the orders passed tn C.Nl.A No.45/2012^{dated1-8-2075 is} illegal, arbitrary and tn^{vtolation of Articles} 14,79,21 and 300 A of the Constitutton of^{India and consequently,} direct the Respondcnts not to^{interferewith the} possession and enjoyment of the buildings/shops without disposing the C.M.As ol the^{petitioners and to pass such} other order or ordars"

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This Court vide its order dated^O4.O9.2O15in W,P.M.P.No,37134 of 2O15,^passed interim ordersⁱⁿ

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favour of the^petitioner observinq as under:

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"There shall be status quo in respect of the residential house/buildings/shops of the petitioners situated in Sy.No.6B/part to an extent of 0.05 cents, Sy.No.75/P to an extent of 0.05 cents and to an extent of 0.08 cents (building H.No.9_9) situated in Venkatapuram Village and Mandat of Khammam District. However, this order will not preclude the authorities to proceed in accordance with law.,,

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n s cal av r da ra h t id fir the eti r tn

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suD of e^pres ent w rit petition as under:-

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"(c) It is submitted that without there being any discussion, inspite of individual grievances, without discussing counters, counters orders were passed by the Primary authority on 01.03.2008 for eviction. Against the same, we fited C.M.A.No.43/2012 and the 2nd petitioner fited C.M.A.No.g/2013 anrt the 3d petitioner C.M.A.No.8/2013 raising various qrounds. It is submitted that the said C.M.As. are stiil pending and no orders are communicated in respect of our C.M.AS.

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(d) Surprisingly, the first appeilate authority disposed C.M.A.No.45/2012 fited by one Sri Y.Yelanmanda on 01.08.2015. Where under while considering the above C.M.A. our extents were also shown in schedute of property and the Tahsittlar was

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<br>

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directed to evict us^{from ourresidential} houses/buitdings and^{also directed for registration of} Criminal cases. It^{is submitted that the orders} passed in C.M.A.N}.45/2012 is^{nothingto do with our} C.M.AS. and we filed C.M.As^{independentlyagainst} L:T.R.Cast No.2/VKP/2008^{dated01 -03.2008'Unless} individuat orders are^{passcd againstour respective} C.M.As., the^{question of passingany orders directing} our eviction showing^{our schedule of properties in} C.M.A.No.45/2012 is totally,^{illegal,erroneousand} arbitrary."

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Learned Assistant Government^{Pleader referring to the} specific averments made at^{paragraph Nos.(c)and (d) of the} affidavit filed by the^{petitioner in supportof the present case,} submits that respondent^{No.3 maybe directed to dispose of} C.M.A.Nos.43 of 201.2,9^{of 2013 and B of 2013 withina} reasonable^period.

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I I

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6, Taking into consideration^{the submissions made} by the learned Assistant Government^{Pleaderand duly} bringing the same on^{record, this writpetitionis} disposed of directing the^{respondentNo.3 to disposeof} C.M.A.Nos.43 ol 201-2,9^{of 2O13 and 8 of 2O13,withina} period of six (6) weeks from the^{date of receipt of a}

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..}

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copy of this order by giving an opportunity of personal hearing to the petitioners and all concerned and pass appropriate detailed reasoned orders duly communicating the same to all concerned. Till the above exercise is concluded by the respondent No.3 and appropriate orders passed in C.M.A.Nos .43 of 2012, 9 of 2O13 and 8 of 2O13, interim order granted in favour of the petitioner dated 04.O9.2015 in W.P.M.P.No.37L34 of 2O1S (referred to and extracted above) shall continue to remain in force. However, there shall be no order as to costs.

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Miscellaneous petitions, if any, pendinq an this Writ Petition, sha ll stand closed.

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//TRUE COPY//

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SD/. T. TIRUMALA DEVI ASStsrANrggllsrRAR

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SECiioN oFFIcER

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To,

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1 The Principal Secretary, Tribal Welfare Department, Secretarrat, Hyderabad

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2 The Agency Divisional Officer, Bhadrachalam, Khammam Drstrrct.

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3 The Additional Agent to th6 Government, & proiect Offrcer. ITDA. Bhadrachalam, Khammam District.

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4 The Tahsildar, Venkatapuram Mandal, Khammam Distract .

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5 One CC to SRl. P V RAMANAAdvocate [OpUC]

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b Two CCs to GP FOR SOCIAL WELFARE,H|gh Court for the State of Telangana. [OUT]

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7 Two CD Copies KKS LS Y.3,

HIGH COURT

DATED:1910912024

ORDER

WP"No.28653 of 2015

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Bachu Jagan Mohan Rao, v. The State of Telangana, Rep. by its Principal Secretary

Case brief

What is this about?

What did the court decide?

Bachu Jagan Mohan Rao, v. The State of Telangana, Rep. by its Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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