The Writ Petition was dismissed as non-prosecution. The petitioners, who had obtained an interim stay against demolition in 2010, failed to serve notices despite court directions. The Court held that the petitioners were free to challenge the resumption proceedings separately.
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.
[33021
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENry FOUR
PRESENT
THE HONOURABLE SRI JUSTTCE K. SARATH
WRIT PETITION NO: 33516 OF 2o10
Between:
(All Petitioners are Laboures, Rl/o. Weaker Sections Colony, Opo>Dundioal Police Station, at Gandimaisamma Cross Roads, Qutubuttipur'Mandal,'{R District.)
...PET|T|ONERS 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 beu pleased to issue a writ, order or direction more particularly one rn the nature of writ of mandamus declaring the action of the 2nd respondent in trying to dernolish the petitioners houses in an extent of 1'10 sq. yards in Sy.No.l20l10 in plot No.22 and 22lAot the petitioners 1 and 2 and in an extent of Ac.75 sq. yards in Sy.No.120/14 in plot Nos.28lB and 28lBl1 of petitioners 3 and 4 situated at Weaker Sections Colony, Dommara Pochampally Village, Opp. Dundigal Police station at Gandimaisamma Cross Roads, Quitbullapur Mandal, R.R. District, without following due process of law as contemplated under the Act is illegal, arbtiraryand violation of principles of natural justice and consequently direct the respondents
not to demolish with the peaceful possession and enjoyment of thehouses in an extent of 110 sq.yards in Sy.No.120110 inplot No.22and 22lA of the petitioners1 and 2 and in an extent of Ac.75 sq.yards in Sy.No.120/14in plot Nos.28lB and 2BlBl1 of petitioners 3 and 4 situated at Weaker SectionsColony, Dommara Pochampally Village, Opp. Dundigal Police station. atGandimaisammaCross Roads, Quitbullapur Mandal, R.R. District.
l.A. NO:'l OF 2010(WPMP. NO: 42495 oF 2010)
Petilion under Section 151 CPCpraying that in the circumstances statedin the affidavit filed in support of thepetition, the High Court may bepleased to direct the Respondents not to interfere with thepeaceful possession and enjoyment of the houses in an extent of 110 sq.yards in Sy.No.120110 inplot No.22 and22lA of the petrtioners 1 and 2 and in an extent of Ac.75 sq.yards in Sy.No.'120h4 in plot Nos.28lB and 28lBl1 ofpetitioners 3 and 4 situated at Weaker Sections Colony, Dommara Pochampally Village, Opp. Dundigal Police station at Gandimaisamma Cross Roads. Quitbullapur Mandal, R.R. District,pending disposalof thermain.writ petition
Counsel for the Petitioners: SRI BOLLAM LINGAIAH YADAV Counsel for the Respondents: GP FOR REVENUE
The Court made the following: ORDER
t'
.l /
THE HON'BLE SRI JuSTICEK.SARATH
WRIT PEIITION No.33516OF 2O1O
ORDER:
Today, when the matter istaken up for hearing, it is noticed that this Courton 1O-01.2024,directed the Registry to issue noticeto the petitioner Nos. 1 to 4, in view of death ofleamed counsel for the petitioners. Complying the same,notices were sent by the Regrstry and thesarne were returned un- served with an endorsement "insufficientaddress".
proceedings No.A/25O/04, dated 23.O2.2OO7, they
are at liberty to challenge the same. There shall be no
order as to costs.
As sequel to it, Miscellaneous Petitions, if any
pending, shall stand closed.
SD/- K. AMMAJI ASSISTANT REGISTRAR //TRUE COPY// TION OFFICER To 1 One CC to SRI BOLLAM L|NGA|AH YADAV, Advocate tOpUCl 2 Two CCs to GP FOR REVENUE, High Court for the Staie of telangana, at Hyderabad. [OUT] 3 Two CD Copies PSK GJP
Pnn(.
HIGH COURT
DATED:1911212024
ORDER
WP.No.33516 of 2010
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DISMISSING THE WRIT PETITION FOR NON PROSECUTION WITHOUT COSTS
P^tq. \3u"(
1 issue framed by the court
Whether the respondents were justified in attempting to demolish the petitioners' houses without following due process of law?
K. Mohan Reddy
K. Damlu Begum
C. Lingam
K. Lalitha
The District Collector, Ranga Reddy District
The Tahsildar, Qutubullapur Mandal
K. Sarath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
