Disposed

Sri Avucherla Kistaiah, v. the Revenue Divisional Officer

Telangana HC19 Sept 2024WP/898/2015

Case brief

AI extract

What is this about?

High Court disposed of a writ petition questioning notices to stop construction and remove earth dump. Court directed fresh inquiry to ascertain if land falls within FTL, pending which status quo maintained but no further construction allowed.

What did the court decide?

Disposed of writ petition directing fresh inquiry into FTL status; state quo maintained; no further construction allowed.

Sri Avucherla Kistaiah, Vs the Revenue Divisional Officer — Land Acquisition | Telangana HC (2024)

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

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

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PRESENT

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THE HONOURABLE SRI JUSTICE K. SARATH

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WRIT PETITION NO:898 OF 2015

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Between:

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Sri Avucherla Kistaiah, S/o. Sri Pedda Balaiah, Aged about 50 years, Occ Agrigulturih, H.No. 11-71,VGT Street, Rl/o Cherial Village and l,4andal, Warangal District.

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...PETITIONER

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AND

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THE REVENUE DIVISIONAL OFFICER, Jangoan, Warangat District. 2. THE TAHSILDAR, Cherial lr,4andal, Warangal District., -

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THE SECRETARY, Grarnpancyat, Cherial I/andal, Warangal District,

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THE SUPERINTENDING ENGINEER, I and CADD, lrrigation Circte, Warangal District.

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5 THE EXECUTIVE ENGINEER, I and CADD, lrrigation Division, Warangal

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THE DEPUTY EXECUTIVE ENGINEER, lrrigation Sub Division, Cheriat N/andal, Warangal [,4andal.

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7 THE STATE OF TELANGANA, Represented by its Principat Secretary, Revenue Department, Secretariat Buildings Hyderabad.

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...RESPONDENTS

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Petition under Article 226 o'f lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or Direction especially one in nature of Writ of lVlandamus declaring action of the Respondents and notice issued by the Respondent No.3, dated 11.1O.2014 and notice issued by the Respondent No.5 in Letter.No. DBlTSfi1l2501lm, dated 15.10.2014 directing the Petitioner to stop construction and to remove the earth dump in land in Survey No. 203, admeasuring Ac.3.09 Guntas situated at Cherial lt4andal, Warangal District, as illegal, arbitrary, u nconstitutiona I and against to the principles of natural justice

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and set aside the impugned notices dated 11.1O.2014 and 15.10.2014 and consequently to stay all f urther proceedings in respect of notice dated 1 1.10.20'14 issued by the Respondent No.3 and notice in Lr.No.DB/TS lT1l2501lV, dated 15.1O.2O14 issued by the Respondent No.5.

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l.A. NO: 1 OF 201S(WPMP. NO:1105 OF 20't5)

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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 stay all further proceedlngs in respect of notices dated 1 1.10.2014 and 15.10.2014 issued by the Respondent No.3 and 5.

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Counsel for the Petitioner : SRI VIKRAM RAGI

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Counsel for the Respondents No.1,2&7: GP FOR REVENUE

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Counsel for the Respondents No.4to6: GP FOR lRRl &COMM AREA DEV

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Counsel for the Respondent No.3 : SC FOR GPPS

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The Court made the following: ORDER

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THE HONOURAB^{LE SRI JUSTICE K.SARATH}

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UIRIT PETITI^{oN No.898of 2015}

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ORDEII:

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This Writ Petition^{is fiied questioning the noticedated} 11.10.2014^{issuedby the respondent No'3 and anothi:rnotice} dated 15.10.2014^{in Letter No.DB} lTSlTll2SOllm,^{issued by} the respondent^{No.S, wherein the petitionerwas directed to stop} construction and^{to remove the earth dumped in land in} Sy.No.2O3,^{admeasuringAc.3.09 guntas situated at Cheriyal} Mandal of Warangal^{Districtand soughtto set aside the same'}

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Heard the learned^{Counsel for the petitioner and the} leamed Assistant^{Govemment Pleader for Revenueald learned} Assistant Government^{Pleaderfor Irrigationand Command Area} Development ald^{learned Standing Counsel forGram} Panchayat appearing^{for the respondentsand perusedthe} record.

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Learned Assistant^{Government Pleader for Irrigationand} Command Area^{Development(I & CAD)would submitthat the} IrsinvolvedinthisWritPetitionissqrrarelycoveredbytheorder passed by this^{Court dated Oa'O4'2Olgin W-P'Nso'7021of} 2019

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The learned Counsel for the petitioner did not dispute the submission made by the learned Assistant Government pleader.

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In view of the same, the Writ Petition is disposed of directing the respondent authorities to conduct fresh inquiry and ascertain the fact whether the petitioner,s land in Sy.No.2O3, admeasuring Ac.3.O9 guntas situated at Cheriyal Mandal of Waralgal District falls within the FTL or not. If fresh survey needs to be conducted, the same shall be done as expeditiously as possible. Ti1l then, status qlto existing as on date sha11 be maintained and no coercive steps be taken against the petitioner, who shall also not proceed with the further construction. The entire exercise be completed within eight (B) weeks from the date of receipt of a copy of this order.

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Pending miscellaneous petitions, if any, in this Writ Petition, sha1l also closed. No order as to costs.

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<br>

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SD/. P.Ch. NAGABHUSHAMBA ASSISTANT REGISTRAR //TRUE COPY// ,l' SECTION OFFICER

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To, 1 The Revenue Divisional Officer, Jangoan, Warangal District.

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2 The Tahsildar, Cherial Mandal, Warangal District., - 3 The Secretary, Grarnpancyat, Cherial IVlandal, Warangal District, 4 The Superintendrnq Enqineer, I and CADD, lrrigation Circle, Warangal District

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1. The Executive Engineer, land CADD, lrrigation Division, Warangal_ 6. The Deputy. Executive Engineer, rrrigation Sub Division, cheriar rrirandat, Warangal I,4andal.

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T The Principal Secretary, Revenue Department, secretariat Buirdings State of Telangana. Hyderabad.

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B. One CC to SRI V|KRAN,,I RAGI, Advocate. [OpUC]

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Two CCs to GP FOR REVENUE, High Court for the State of Telangana. tourl

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1 0. Two CCs to GP FOR lRRl AND COMM AREA DEV, High Court for the State / of Telangana. [OUT]

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1 1 . One CC to SC FOR TG GPPS, Advocate. tOpUCl

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Two CD Copies.

BSK

GJP

HIGH COURT DATED:1910912024

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ORDER

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WP.No.898 of 2015

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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16^.ef')b Xo-"

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Sri Avucherla Kistaiah, v. the Revenue Divisional Officer

Case brief

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Sri Avucherla Kistaiah, v. the Revenue Divisional Officer

Case brief

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