Disposed

D.Govinda Rao v. The Government of Ap., rep.by its principal Secretary

Telangana HC21 Sept 2024WP/5221/2008

Case brief

AI extract

What is this about?

The High Court disposed of two writ petitions challenging premature 80% compensation payment and mutation deletion. The Court declined to direct a fresh award, instead ordering reference under Section 30 of the Land Acquisition Act, 1894 for apportionment among claimants, and directed parties to litigate title disputes. No order as to costs.

What did the court decide?

Directions to refer matter under Section 30 of the Land Acquisition Act, 1894 for apportionment of compensation and to litigate title claims in the appropriate forum.

D.Govinda Rao Vs The Government of Ap., rep.by its… — Land Acquisition | Telangana HC (2024)

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[^32s6 J

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

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SATURDAY HE TWENTY FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETI TION NO:5221 OF 2008 AND 20776 0F 2009

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W.P.No:5221 oF 2008

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Between:

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1 D.Govinda Rao, S/o. D. purushotham Rao R/o.Bhatpalli village Sirpur Kaghaznagar Mandaf Adilabad District

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2 lJ.Vaman Rao, S/o. D. purushotham Rao Rio. Bhatpalli vitlage Sirpur Kaghaznagar Mandal Adilabad District ...PETITIONERS

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AND

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The Government of Ap., rep.by its principal Secretary, (LA), Secretariat, Hyderabad

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The District Collector, Adilabad District, Adilabad

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The Land Acouisition officer, sri romiiam aheem project, Asifabad, Adirabad District

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I l!.e.C_o_llegtor^{(Survey &.LandRecords),Aditabad District,Aditabad} c r-ornurajura prameera, wo-p.shantaiah R/o.opp ponnam Ramesh House

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^^{W:riNo.7, Near Raitway Gate Sirpur SirpurXighiinagar}

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^^{W:riNo.7, Near Raitway Gate Sirpur SirpurXighiinagar} 6. Pirisinqura satvanaray#a, slo.daiaiatr- clo kinoun"paili viilage chityara Mandal WAranciat Distiict

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, Rl:,::ry.y1:ISv-ind-er, S/o.p Sanyali H No.1_13_86, Kapuwada Near Raitway

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^^{9.v91 Bndge Strpur Kaghaznagar, AdilabadDistrict}

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Xlr::lg,ylllS,tj.?l?r, S/o.p S-anyasi H.No 1_i3_86, Kapuwada Near Raitway ^^{y.yef Enoge urrpur Kaghaznagar, AdilabadDistrict}

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, X,I,:,"9:11^Ilqakistaiah, S/b.p.Bataiah R/oHNo.1_.13_.178/1, Ward No.7, upp rJonnam Ramesh House Near Railway Gate, Sirpur^{'faghalnjgar,} Adilabad District

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...RESPONDENTS

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Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ order or direction more particurarry in the nature of writ of mandamus declaring the action of the Respondents 1 ot 3 in paying B0% of the Land Acquisition compensation amount to the respondents 5 to g in relation to the proceedings initiated in 2nd respondent fire No.Bi1 32tJpr2oos even prlor to sec.6 Declaration as ilegar, and arbitrary and consequenfly direct the 3rd

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respondent to pass an award in relation to the petitioners lands an extent of Ac.13.20 gts in Sy No.36 situated in Battupalli village, Kagaznagar Mandal, Adilabad District and deposit the total 100o/o of compensation amount in the Civil Court by referring the matter U/s.30 of the Land Acquisition Act 1894 without reference to the 800,6 amount already paid

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l.A. NO: 'l OF 2008(WPMP. NO: 6764 OF 20081

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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 3rd respondent not to pay any further amounts to the Respondents 5 to 9 relating Land Acquisition proceedings in File No.Bl132lJPl2005 dated 2.8.2007 of the 2nd respondent pending disposal of the writ petition

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Counsel for the Petitioner: SRl. N. INDRASENA REDDY

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Counsel for the Respondent Nos. 1to4: GP FOR LAND ACQUISITION

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Counsel for the Respondent Nos. 5to9:-

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W.P. No: 20776 OF 2009

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Between:

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Dandanayakula Vaman Rao, Sio.D. Purushotham Rao Rtd. Government Employee Rio.Bhatpally Village, Sirpur Kagaznagar Mandal, Adilabad District.

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Dandanayakula Govnd Rao, S/o. D.Purushotham Rao Agriculture R/o. Bhatpally Vrllage, Sirpu r Kagaznagar Mandal, Ad ilabad District.

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...PETITIONERS

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AND

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1 The Government of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

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2 The Commissioner & Director of Survey and Land Records, Narayanaguda, Hyderabad.

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3 The District Collector. Adilabad.

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4 The District Revenue Officer, Adilabad.

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5 The Assistant Director of Survey and Land Records, Adilabad. Adilabad District.

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6 The Tahsildar, Sirpur Kagaznagar Mandal, Adilabad District.

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7 Pirsingula Ramakishtaiah, S/o.Balaiah Agriculture Rio.Bhatpally Village, Sirpur Kagaznagar Mandal, Adilabad District.

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8 Pirsingula Satyanarayana, S/o.Balaiah Agriculture R/o.Bhatpally Village, Sirpur Kagaznagar Mandal, Aditabad District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution^{of lndia praying ttrat in:tffi'} circumstances stated in the affidavit^{filedtherewith,the High Court.,maybe} pleased to issue a writ, order or direction, more^{particularlyone in the natureof} Writ of Mandamus declaring the Proceedings^{No.45/63/2006 Dated 02.06.2007 ot} the 5th respondent and the mutation of the^{name by deleting the name of the} Petitioners as Pattadars and^possessors with^{relateto an extent from Ac.13.08} guntas. to Ac.6.33 guntas in respect of Land in Sy.No.36, as being^illegal, arbitrary, unreasonable, violative of Principles of^{Natural Justice,without'} jurisdiction and contrary to the Sec.B7 of A.P. (Telangana Area) Land Revenue Act 1317 Fasli and consequently set aside^{the same by further directing the} official Respondents to restore the entries^{in the Revenue Recordsand issue} revised Pattadar Pass Books and Title Deeds^{in favour of the Petitionersshowing} them as Pattadars in respect of the^{land in Sy.No.36'an extent of Ac.13.08} guntas, situated at Bhattpally Village, Sirpur Kagaznagar^{Mandal' Adilabad} District.

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l.A. NO: 1 OF 2009(WPMP. NO: 27q68 O^{F 2009)}

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Petition under Section 151 CPC^{praying that in the circumstances} Qtate41pr-,... , the affidavit filed in support of^{the petition, the High Court may be pleasedto} suspend all the consequential actions^{taken by the respondents effecting} corrections of extent, name of^{pattadar and mutation relating to the land in Survey} Nos. 36 and 46 situated at^{BhattpallyVillage, Sirpur Kagaznagar Mandal,-'-} Adilabad District, in^pursuance to^{the ordersof the AssistantDirectorof survey} and Land Records, Adilabad dated^{2.6.2007, pending disposal of the writ petition.}

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.rt*e^'

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Counsel for the Petitioner: SRl.^{N. INDRASENA REDDY}

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Counsel for the Respondents: GP^{FOR REVENUE/} GP FOR LAND ACQUSITION

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The Court made the following:^{COMMON ORDER}

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THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

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WRIT PETITION NOS.5221 of 2OO8 AND 20776 0F 2009

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COMMON ORDER:

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Since tlre petitioners in both these writ petitions are one and the same. they are heard together and being dispost:d of by this common order.

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2 W-P.No.522 1 of 2O08 is frled seeking the following reliet

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". . . . 1o r-ssue rr utit, order or direc,.ion nlore particulartA in the nature of urtt ctf tnandartus declaring the action of the respondent IVos. I to 3 ot pululg 80% of tle Lartd Ac4uisttion campcnsation amount to responderlt Nos_:; to 9 it relahott to the proceeditgs utitialed in the 2d responderLt |-ile No tJ/ )32/,lP/20O5 euen pior to Section 6 Declaration as illeqol end arbitrary onot cotlsequedtlA direct the 3,a respondent to pass an iu-rarcl. Ln relation to Lh.e pelitioners lands an extent of Acs.13-2O gts it Sg.No.36 situated in Bdttupalli uillage, Kogaznagar Mandal, Adtktbe(l Di^stricL and deposit the :otal I 00",6 oJ compensotion anLount in the Ciuil CoLt bA refering tlte matter U/s 30 of the Land Acqu$itioa Act, 1g94 Loitllcut re,ferertce t t Lie 80 dmoultt atreadg paid...."

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3. W.P.No.2O776 of 2OO9 is filed seekrng the following relie:-

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"....r.ssue ,'t uiL order or direction more partietlarlg one in the nalure of Wit of Manrlarruts de.claring the proceedings No.A5/63/2OO6, dc,ted 02.06.20A7 of lhe 9t' respondent and the mutation of the name by cleletulg t],e tutne oJ Lhe Pelitioners as Pattadars an., possessors ..2th reLote to etL extent from Acs.l3 OB guntas to Acs_6-33 euntas ir1 7s571ss1 of l-ottd it1 S-y.Aro.36 as being illegd!, arbitrary, unreasonable, uiolatiue of PrirtcipLes of Ndtural Justice withollt jurisdiction and contrarg to Lhe Section .9i'of AP (Telangana Atee) Land Reueiue Act, 1317 Fasli end cotLsequently scr asrde tlLe sdme blj futlher directing the olli:ial ResponCents to restore the entries in tle Reuenue Records and s.;ue reuised l)attaddr Pass Books arld Title Deeds in fauour of the petitioners shou;o7g tletn as Pottadars in respect of the lanC in Sg.No.36 an extent oJ Acs. 1.3 t)3 qu'tos sinnled al Bhattpct y Vtuage, Sirpur Kagazno:ler Mottd,t[, A, hlrtb<t:1 Dlstr(1... '

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Considered^{the submissions of the learned counscl for the} respective^{parties and perused the record'}

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The petitioners^{claim to be the owners and possessors of} iand admeasuring^{Acs' 13-20guntas in Sy'No 36 situated at} Battupalti^{viliage, KagaznagarMandal' AdilabadDistrict and} their names^{arc also mutated in all the revenuerecords'}

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The case^{of the petitionersin W'P'No '5221of 2008 is that} the respondents^{have issued notificationunder Section a(1) of} the Land^{Acquisition Act, 1894, (for short 'the ActJfor acquiring} theirlandsforthepurposeoflrrigationproject,invoking urgency^{clause underSection17 (41 of the Act' dispensingwith} the enquiry^{under Section 5-A of the Act' declarationunder} Section^{6 of the Act was issuedon 25'O8 '2OO7 'It is the further} case of the^{petitionerthat even before the issuanceof the} declaration,^{SOVIof the compensation amount was paid by the} Land Acquisition^{Officer(LAO) to respondent Nos'S to 9 '} whereas^{the paymentof 8O%o compensationcan only be made} pending^{passing of award and soon after knowing the same'} they have^{raised objections,dated 24Oa '2OO7 beforethe LAO} stating that^{there are errors pertainingto Sy'Nos'46 and 36 and} requested^{to correctthe samefor paymentof compensation' but}

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no action has been taken by the LAO and as such prayed this Court to direct respondent No.3 to pass an award in relation to their lands admeasuring Acs.13-20 guntas in Sy.No.36 situated at Battupalli village, Kagaznagar Mandal, Adilabad District and deposit 1O09/o of compensation amount in the Civil Court, without reference to the 8Oo/o of compensation paid to respondent Nos.5 to 9.

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7 . The case of the petitioners in W.P. No.20776 of 2009 is that, pursuant to the orders passed by the Assistant Director of Survey, withor-rt application of mind and without issuance of any notice to them, respondent No.S issued proceedings vide No.A5/63/ 2006, dated 02.06.2007 stating that the c:lerical errors in respect of land in Sy.No.36 to an extent of Acs.13-08 guntas and in Sy. No. 46 to an extent of Acs.6-33 guntas situated at Battupalli village, Kagaznagar Mandal, Adilabad District have been corrected and therefore, the said proceedings are lierble to be set aside an.d further prayed to restore the entries made in the revenue records and to issue revised pattadar passbooks and title deed in their favour in respect of the above said la.nds.

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A counter affidavit has been hled by respondent Ncs.1 to 3 in W.P.No.5221 of 2008 stating that in view of the urgency,

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the respondents^{have paid 80% of the compensationafter} receipt of approval^{of Draft Notihcationand Draft Declaration} from District Collector,^{Adilabad lt is further stated that as per} the protected^{tenant register, the petitioners are the pattadars of} the land and^{respondentNos T and 8 are the legalheirs of the} protectcd tenant and^{as per the said Act, they are entitledfor} payment of compensation^{to the extentof (4O%)share and the} Iegal heirs of^{protectedtenant,who are in possession of the land} in Sy.No.35 are^{eligible lor (60%)land compensationand duly} taking note of^{the eligibility and entitlementof respondent Nos'S} to 9, the compensation^{has been paid' It is also statedthat in} view of passing^{of the awardon 24 'Ol '2OO8 and payment of the} compensation,^{thereis no necessityto refer the matter to the} Civil Court under^{Section 30 of the Act and in terms of the order} dared 12.O3.20O8^{in W.P.M.P.No'6764of 2OO8 in W P'No'5221} of 2008, remaining^{2Oo/o of the compensationhas not been} disbursed.

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g . A counter^{affidavit has been Frled by respondent Nos 5} and 6 in^{W.P.No.2O776 of 2OO9 statingthat respondentNo'5} has issued^{notices to aii the petitioners and the respondents} and though^{the petitionershave receivednotices' petitionerNo1} has attended^{the enquiry, but no written objections were filed'}

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It is also star-ed that respondenl No.4 has lollowed the due procedure ar-rcl passed orders, as such the contention of the petitioners is rrot correct

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A careful examination of the record reveals that there are disputes between the petitioners and respondent Nos.5 to 9 with regard to the title over the lands forming part of Sy.No.36 situated at Battupalli village, Kagaznagar Mandal, Adilabad District. The petitioners herein are claiming as pattadars of the above said properly, whereas the names of respondent Nos.5 to 9 are entered in the tenancy register as protected tenants. As per the provisions of the Telangana Tenancy and Agricultural Lands Act, 1950, the protected tenants are entitled for sl-rare in the patta lands,.

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1 1. Be that as it may, since this Court, vide order dated 12.O3.2OOa in W.P.M.P.No.6764 of 2008 in W.P.No.5t22 I of 2008, directed the respondents not to disburse remaining 2Oo/o of the compensation in favour of respondent Nos.S to 9, ends of justice would ce mer if the petitioners are directed to rrgitate their claims, in respect of 80% o[ the compensation p,aid to respondent Nos.5 to 9, before the appropriate forum, in accordance with law. So far as the remainin i4 2Oo/o of the

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compensation^{is concerned, the respondents are directed to} refer the matter^{underSection 30 of the Act'1894} '^{fot '} payment/ apportionment^{of the compensationamong the} petitioners and^{respondent Nos'5 to 9'}

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With^{the aboveobservations, both the writ petitionsare}

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disposed of.^{There shallbe no order as to costs'}

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Miscellaneous^{Petitions, ifany' pending in these writ}

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petitions shall stand^closed'

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SD/- MOHD.^ISMAIL ASSISTANT E TRAR

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//TRUE^COPY// SE N OFFICER

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To,

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The Principal^{Secretary'(LA)' Secretarial'.TS 'Hyderabad}

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a. +n: l$il^{* Sl sisl ': l* i'l?l##'5'i3i,"P roje ct' As irabad' Adir abad} o ?itt8l,'"oor^{(survev& Land Records)'AdilabadDistrict Adilabad} 5 The Principat^{se","t,ryliJ;";;#;t"'di'-i"t'ngan"'Revenue Department'} secretariat'^{Hy9!13b"'1"r""1or} of survey and Land Records' Narayanaguda'

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1. The Commlssloner^{& u} Hvderabad.

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z if," nlliict Collector'^Adilabad' 6. +ii;^{Di;i;i;i Revenue otfrce'St*5lT;o} Land Records, Ad,abad,^Adilabad 9. The Assistant^Director

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ii:*itl,ttbiit'lbffi^{;lffi #,Hfl} ^ffl^{#,+:',"fl:"iies'ia'ie'r} '- ilrinq"nu ,t Hvderabad [o||IL ,,nn court for the state of retangana, at 13.Two Cts^{to GP FOR R} Hvderabad [OUT] 14.Two CD^CoPies BM

HIGH COURT

(

DATED:21 10912024

COMMON ORDER

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