Shaik Kaleel Vs State of Telangana

Petition under Article 226 of the Constitution of lndia^{praying that in the} circumstances stated in the affidavit filed therewith, the^{High Courtmay be} pleased to issue an appropriate Writ, order or direction more^particularly oneⁱⁿ the nature of Writ of Mandamus declaring the action of the^{respondents in trying} to demolish and dispossess the petitioner from Sy.No. 103 and^{104 of Mamda} Village and Mandal. Nirmal District^(including rice mill and RCC^{building) without} following any procedure is illegal, null, void, arbitrary.

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lA NO: 1 OF 2025

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Petition under Section 15'1 CPC praying that in the circumstances^{stated in} the affidavit filed in support of the^petition, the High^{Courtmay be pleased} pleased to direct the Respondents not to take any coercive steps for demolition and dispossession from the Sana rice mill and^{RCC buildingsconstructed in}

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Sy No^'103, 104 of Mamda Village and Mandal. Nirmal village of the petitioner, pending disposal of the writ petition.

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Counsel for the Petitioner : SRI K.DURGA PRASAD

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Counsel for the Respondents No.1to3 : GP FOR FORESTS

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-- Counsel for the Respondents No.4 :

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE PULLA I{ARTHIK WRIT PETITION No.19O93 OF 2025

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ORDER:

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With the consent of both the parties, this Writ Petition is taken up for disposal at the admission stage itself.

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This Wnt Petition is filed, under Article 226 of the Constitution of India, seeking the follor,r,ing relief:

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''-..fo issae an appropiate Wnt, order or dircctton fiLore partrcularlu otle tt tlp ttutltre oJ Wnt oJ MarLda Lus tleclairLg tlle dctt)tL of the resporviettts itr Lrljtng to clttnolisLt orul rii-spossess the pelilioner froDt S!t.No.lO3 ttttd 1O4 of Mamda VrLlage dnd Mandal, NirmaL Distict (including nce tn l and RCC buiLdlng) Ll,tthout -follouing^{aill procedure is illegdLtLull, uoid,drbitrary andto pass..."}

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Heard Sri K.Durga Prasad, learned counsel for the petitioner

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and learned Government Pleader for Forests for respondent Nos.1 to 3.

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Learned counsel for the petitioner submits that the petitioner's mother is pattadar of agricultural lands in Sy.No. i03 and 104 admeasuring Ac.O.38 guntas and Ac.O.39 guntas respectively situated at Mamda Village and Mandal, Nirmal District and the revenue authorities issued revenue pattadar passbook in favour of the petitioner's mother. While so, the respondents issued show cause notice, dated O6.11.2024, for taking certain non forestry u.orks, for which the petitioner submitted his explanation (undated) to respondent No.3.

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PIi J Up lg0.r3 202r

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However, respondent No.i) has not considered the^said explanation so far. Therefore, learned counsel^prays this Court^to direct respondent No.3 to pass appropriate orders on^the explanation (undated) subrnitted by the petitioner within a stipulated period of time

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Learned Government Pleader appearing for respondent Nos.1 to 3 submits that respondent No.3 will consider the explanation (undated) submitted by the petitioner and pass appropriate orders in accordance ',r,ith law

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Having regard to the subrnissions made by learned counsel for the respective parties and without expressing any opinion on merits, this Writ Petition is clisposed of directing respondent No.3 to pass appropriate orders ou the explanation (r.rndated) submitted by the petitioner, in pursuance of show cause notice, dated 06.ll .2024, strict1l, in accordance with law, after putting the affected parties on notice and by providing them an opportunity of hearing, as expeditiously as possible, preferably u.ithin a period of slx (6) weeks from the date of receipt of a copy of this order. Till such time, the respondents are directed not to take any coercive steps against the petitioner in pursuance of show cause notice, dated 06.11 .2024.

PK.J wp 19093^202s

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Miscellaneous^{petitionspending,if any' shall stand ciosed'}

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There shall^{be no order as to costs}

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SD/.A.^{SRINIVASA REDDY} S TANT REGISTRAR