Disposed

Veeramsetti Kaleswara Rao v. The State of Telangana

Telangana HC19 Mar 2024WP/3394/2024

Case brief

AI extract

What is this about?

Writ petition challenging non-registration of auctioned land. Court disposed matter at admission stage, directing authorities to dispose of pending representation within two weeks after hearing the petitioners.

What did the court decide?

Direction to respondent authorities to dispose of the petitioners' representation dated 17.01.2024 within two weeks after affording a fair opportunity of hearing.

Veeramsetti Kaleswara Rao Vs The State of Telangana — Cooperative Societies | Telangana HC (2024)

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[³³⁰⁰ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

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WRIT PETITION NO: 3394 OF 2024

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Between:

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Veeramsetti Kaleswara Rao, S/o. Tirupathaiah, aged about 60 years, Occ. Tapr lvlestri, R/o. H No. 1-2018, Didugupadu Village Madhira Mandal, Khammanr District

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Pusapati Uma Maheswara Rao, S/o. Venkata Subba Raju, aged 60 years, Occ. Business, Ri./o. Madhira Town, Khammam District

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...PETITIONERS

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AND

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1 The State of Telangana, Rep by its Principle Secretary, Cooperative Societies Department Secretariat, Hyderabad

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The District Collector, Khammam District, Khammam

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3 The Commissioner for Cooperation and Reglstrar Of Cooperative Societies of Telangana, Hyderabad

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4 The District Cooperative Officer, Khammam, Khammam District The Managing Committee, District Cooperatlve Marketing Society^Ltd., Kha nr ma rn

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...RESPONDENTS

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Petition r-rnder Article 226 of lhe Constitution of lndia^praying that^{in the} circumslances stated in the affidavit^{filed therewith,the High Court may be} pleased to rssue a Writ, Order or Direction more particularly one in the nature of Writ of Mandanrus. declaring the action^{of the respondentsin not registeringthe} balance extent of 71 sq.^yards in^{Sy No.41 situated} at^{Madhira Town and} lr/andal. Khamnram District in favour^{of the petitioners who are the successful} bidders of the auction conducted by^{the respondents on 05.09.2018 and also not} regrstering the land to an extent of 333^{sq. yards} in faour^{of the petitioners as per} the Resolution dated 20.12.2018^passed by the sth^{respondenttVlanaging}

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/^{Committee of DCMS Ltd., Khammam by receiving the amount of Rs_20,5001per} sq, yards by considering the representation dated 11.01 .2024 of the petitioners is illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19,21 and 300-4 of constitution of lndia and consequenfly direct the respondents to consider the representation of the petitioners dated 17.01 .2024 by' registering the balance extent of land 71 sq yards along with land to an extent of 333 sq. yards in favour of the petitioners.

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lA NO: 1 OF 2024

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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 direct the respondents 1o consider the representation of the petitioners dated 17.O1.2024 by registering tlre balance extent of land 71 sq yards as per the auction dated 05.09.2018 along with land to an extent of 333 sq. yards situated in Sy No. 41 of Wyra Road, lr.4adhira Town and Mandal, Khammam District by receiving the amount of Rs.20,500/- per sq. yards as per the resolution passed by the Sth respondent dated 20 12.2O18 in favour of the petitioners.

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Counsel for the Petitioner : SRI KONDAPALLT SYAM SUNDER

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Counsel forthe Respondents: GP FOR COOPERATTON

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The Court made the following: ORDER

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iI ii

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;i Ii E t i

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1 Ii i ! ! I I I I I i I L l I iil ;

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HON'BLE^{SRI JUSTICENAGESH BHEEMAPAI{A}

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WRIT PETITION^{No.3394 of 2o24}

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ORDER:

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This writ petition is^{frled seeking the following}

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relief:

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"to issue o Wi4^{Orderor Direction,more} partia arly one in^{nature of Writ of Man-domus} 'declaring lle c,ction of respondents in not reg-ist-7ing the balince extent^{oi 71 squaregardsin Sg'No'41} situated at Madhira^{Torun and Mandal,KLammam} iittlr"t in fauour^{of tlrc petitionerswla} 9':^t?' successful^{'bidd"rt of the auction conductedby the} responients on^{O5.O9.2O18and also not registeing} thi land to an^{ertent of 333 square gards in fauour} oJ the^{petitioners as per the Resolutiondated} ZOlZ.ZfilS^{passed.bg the 5h respondentManagi.ng} Committee of DCMS^{Ltd., Klammambg receiuing} the omount'of^{Rs.2O,SOO/- per square C"!42bY} considering the^{representationdated 17'O1'2O24of} the petitioiers^{is -illegal,arbitrary and against the} p;nlipt"t of natural^{justiceond alsouiolativeof} 'ArticlZs 14, 19,21 and 3OO-A of Constitution of India and consequentlA^{direct tleresPondentsto} consider the reprisentation^{of the petitionersdated} 17.O1.2024 bg^{registeingthe batane extent of land} 71 square yoldt itong^{tuith land to an extent of 333} squa)"^ga-rd. in faiour^{of the} -petitioners^inthe iiterest 6f iustice^{ind to pass such oth'er orders""}

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Heard learned^{counsel forpetitionersand} learned counsel^{for respondents' With the consent of} all the parties, this^{writ petition is disposed of at the} stage of admission.

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Learned counsel for petitioners requested this Court to direct the respondent authorities to dispose the petitioner's representations, dated 17.O 1 .2024 in a time bound period.

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Learned Standing Counsel appearing on behalf of respondents submits that if the said petitioner's representation is still pending for consideration, the respondent authorities may be directed to dispose of the petitioner's representation dated 17.O1 .2024 and pass appropriate orders in alcordance with law.

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In view of the subrnission made by learned counsel appearing on either side and without expressing any opinion on the merits of the case, this Writ Petition is disposed of directing the respondent authorities to dispose the petitioner's representations, dated 17.01.2024, after giving a fair opportunity of hearing to the petitioner and thereaJter pass appropriate orders in accordance with law, as expeditiously as possible, preferably, within a period

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of two (O2) weeks from today and communicate the

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sarne to the petitioner.

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6 Accordingly the Writ petition is disposed of. No costs.

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Pending miscellaneous applications, if any, shall stand closed.

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SD/.N. SRIHARI ASSISTANT^REGISTRAR

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//TRUE^COPY//

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.*?-^2.. SECTION^OFFICER

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To, 1. The Principal Secretar'y Slutg of Telangana' Cooperative Societies Deoartment^{SecretariatHyderaDao} 2. fi56ili;;icJrr""to'^{Khairmam District' Khamm"n1} 5. iii;^{-c;;;isiionerfor cooperationandRegistraror} coop.rutiue^{societies of} Telanoana,^HYderabad 4 The District^{CooperatrveOffrcer' Khammam' Khammam District} 5. The^{Managingcomm'tt"ee' "rj'ti'iit Cooperative Marketing SocietyLtd '} 9.Pl:SS.'".'Si["JP3SA',?ilits-''Y$.'&ff^{YS:fl":A?#$',unn'n'} e. l?"u"r8o^copies BSK GJP \k

HIGH COURT

DATED:1910312024

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,.::
l''J'

ORDER

WP.No.3394 of 2024

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

Veeramsetti Kaleswara Rao v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Veeramsetti Kaleswara Rao v. The State of Telangana

Case brief

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What the court decided

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