G.Prashanth, Secunderabad Vs Prl Secy to Home Dept, Hyd and 6 Others

¶1

13217 |

¶2

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

¶3

THURSDAY, THE FOURTEENTH DAY OF AUGUST

¶4

TWO THOUSAND AND TWENTY FIVE

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

¶7

WRIT PETITION NO: 5763 OF 2016

¶8

Between:

¶9

G.Prashanth Kumar, S/o. Sri G.Dhananjaya, aged 50 years, Occ Business, Rl/o. Plot No.100, RoaC No.3, West l,4arredpally, Secunderabad.

¶10

...PETITIONER

¶11

AND

¶12

1 The State of Telangana, represented by its Principal Secretary to the Home Department, Secretariat Buildings, Hyderabad.

¶13

2 The Commissioner of Police, Cyberabad, Ranga Reddy District.

¶14

3 The Deputy Commissioner of Police, Sainikpuri, Cyberabad, Ranga Reddy District.

¶15

4 The Assistant Commissioner of Police, Kushaiguda, Alwal Division, Cyberabad, Ranga Reddy District.

¶16

5 orrice r, Kusha is ud a Police station, ad, Ranga I::.?t3i';I),l.llouse d$'berab

¶17

6 Smt.l\4ariyamma Wio. J.lssaq. age 62 years, Occ Sr.ffir, ruo H.No.29391 1202,'Madhuranagar, trleredm6t, Secunderabad, HyOffiOaO.

¶18

Smt.Nirmala D/o l,4ariyamma, age 35 years, Occ Business, R/o H.No.293911202, [,4ad h u ran agar, Neredmet, Secunderabad, Hyderabad.

¶19

...RESPONDENTS

¶20

Petrtion under Article 226 of lf,e Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to rssue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondents no.2 to 5 in not extending, not providing and not taking any steps for implementing the interim injunction order granted in favour of the petitioner in l.A.No.1167 of 2009 in O.S.NO.19B3 of 2009 on the file of the Honble ll Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar, dated 23-6-

¶21

20'10, in regarding with the land admeasuring 664.95 sc :are yards equal to 555.89 square metres in plot Nos 181-A and -l 81-B in s," 'vey numbers in Sy. No.591, 595 and 596, the land admeasuring 750 squarr ,7ards equal to 627 square metres in plot Nos.18111 and in survey numbers r Sy No.597/A, 591, 595 and 596 situated at Eashweripuri Colony, Khapra Villrr r: and lt4u n icipa lityu, Keesara [t/andal, Ranga Reddey District, totaling :c 2164 95 sq yds., considering the representation submitted by the petitiorredated 16-2-2016, is nothing but arbitrary, illegal. null and void and violative c 1 prin cip Ie s of natural justice and violative of Arlicles 14, 19 and 2-1 of the ( onstltutio n of {nd ia. Consequently, direct the respondents no2. to 5 to provido . cpropriate protection and their aid in implementing the injunction order granted rr I A.No.1167 of 2009 in O.S.No.1983 of 2009 on the file of the Honble ll Additio:r rl Senior Civil J udge, Ranga Reddy District at L.B Nagai, dated 23-6-2010, in r: yarding with the land admeasuring 664.95 square yards equal to 555.89 s,l ra re metres in plot Nos.181-A and 181-B in survey numbers in Sy.NO 591. t,t [i and 596, the land admeasuring 750 square yards equal to 627 square metre,s r plot Nos 181/1 and in survey numbers in Sy. No.597iA, 591, 595 and 596, :r cl land admeasuring 750 square yares equal to 627 square metres in plot Ir r s 18112 and survey numbers in Sy.No.597/A, 591 , 595 and 596 situated at : ashwerip uri colony. Khapra village and Municipality, Keesara [t4andal, Ranga ll :ddy District. totaling to 2164.95 sq. yds., considering the representation of n* petitic ner, dated 16-2-2016

¶22

l.A. NO: 1 OF 2016(WPMP. NO: 7324 OF 2016

¶23

..:;,': Petition under Section 151 CPC praying that in the ;ircumsta nces stated in the affidavit filed in support of the petition, the High Cc1 may be pleased to direct the respondents no2. to 5 to provide appropriate p'r tection and their aid for implementing the inlunction order granted in LA. I c.1 167 of 2009 in O.S.NO.19B3 of 2009 on the file of the Hon'ble tl Additiori I Senior Civil J udge, Ranga Reddy District at L.B.Nagar, daled 23-6-20'10. in rc ya rd ing with the land admeasuring 664.95 square yards equal to 555.89 squar< metres in plot No's 181-A and 181-B in survey numbers in Sy. No.591, 5t 1 and 596, the land admeasuring 750 square yards equal to 627 square mets in plot No's.18'1/'1 and in survey numbers in Sy. 1.']o.597/A, 59'1 , 595 : tJ 596 situated at

¶24

Eashweripuri Colony, Khapra Village and It4unicipalityu, Keesara lt4andal,,Ranga Reddey District, totaling to 2164.95 sq. yds., considering the representation submitted by the petitioner, dated 16-2-2016.

¶25

Counsel for the Petitioner: SRI K,VENUMADHAV

¶26

Counsel for the Respondent No.1 to 5: SRI R.LAXMIKANTH REDDY, AGP FOR HOME

¶27

The Court made the following: ORDER

¶28

tI

¶29

ryT

¶30

THE HONOURABLE SRI JUSTICE^{N.TUK,! RAMJI}

¶31

WRIT PETITION No.5763 OF²⁰¹ I

¶32

ORDER:

¶33

This Writ Petition is filed under Article 226 o Constitution^of India seeking the following relief/s:-

¶34

"...ro lssue an order or direction more^particularlY ar€ 1 the natu re of writ of mandamus or any other appropriate^wrtt 'ecla,ing the action of the respondents Nos.2 to 5 in not extendin!1. tot providing and not taking any steps for implementing the inteT inju nction order granted in favour of the petitioner in LA.No.11a z of 2009 in O.S.NO.1983 of 2009 on the file of the Additiott,t Sen ior Civil ludge, Ranga Reddy District at L.B.Nagar, dated^2: ()6.2010, in regarding with the land admeasuring 664.95 square )', rds equal to 555.89 square metres in^plot Nos.181-A and 181' ) in survey numbers in 5y.No.591, 595 and 596, the land adnl asuring 750 square yards equal to 627 square metres in^plct Nn:. 81/1 and in survey numbers in Sy.No.597/4, 591, 595 and 59( situated at Eashweripuri Colony, Khapra Village and Municipa,i r'u, Keesara Mandal, Ranga Reddey District, totaling to 2164 | 5 sq, yd s., considering the representation submitted by the^pe'i ioner, dated 16.02.2016, is nothing but arbitrary, illegal, null^,1 ,d void and violative of principles of natural^justice and consequerl y, direct the respondents Nos.2 to 5 to provide appropriate^protett cn and their aid in implementing the injunction order granted in ,. .No.1167 0f 2009 in O.S.N1.1983 of 2009 on the file of the II AC1 t'ional Senior Civil ludge, Ranga Reddy District at L.B. Nagar, datej 23.A6.2010, considering the representation of the^{pet't (} lert dated 16.02.2016....."

¶35

Heard Mr. K.Venumadhav, learned counsel f the petitioner and lvlr.R.Laxmikanth Reddy, learned Assistant G()'/ rrnment Pleader for Home appearing for respondent Nos.1 to 5.

¶36

Learned counsel for the^petitioner submits 1t at the cause in this Writ petition does not survive for adjudicati : I and seeks to dismiss this Writ Petition as infructuous

¶37

2

¶38