Telangana High Court

WP/28219/2008 of E.Soumya Vs Govt of A.P on 26 December 2008

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 28219 of 2008 Between: E.Soumya W/o.E.Ramanjaneyulu Flat No.203 Saidatta

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

FRIDAY, THE TWENTY SIXTH DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENTTHE HON'BLE MR JUSTICE VILAS V. AFZULPURKARWRIT PETITION NO : 28219 of 2008

Between:

E.Soumya W/o.E.Ramanjaneyulu

Flat No.203 Saidatta Apartments Musheerabad,Hyderabad

..... PETITIONER

AND

1 Govt of A.P rep.by its Principal Secretary Revenue Department Secretariat Buildings Hyderabad Secretariat Buildings Hyderabad 2 The District Collector Hyderabad District Hyderabad 3 The Mandal Revenue Divisional Officer Maredpally(M) Secunderabad

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to to issue a writ order or direction one more particularly in thenature of "Writ of Mandamus declaring the action of the respondents ininterfering with the peaceful possession and enjoyment of the Plotbearing No.20 sy No.74/7 admeasuring 333.33 sq yds forming part of M/sDhanalaxmi Co operative Housing Society Ltd situated at EastMaredpally Secunderabad or interfere with the construction activity in thesaid plot as being illegal arbitrary unconstitutional and consequentlydirect the respondents not to interfere in any manner except inaccordance with law and pass Counsel for the Petitioner:MR.P.SRI HARSHA REDDY

Counsel for the Respondent No.: GP FOR REVENUE

The Court made the following :

THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR

WRIT PETITION NO. 28219 of 2008

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ORDER:

The petitioner who is alleged to be the owner of Plot No.20 inSy.No.74/7 forming part of M/s.Dhanalaxmi Cooperative Housing SocietyLimited, situated at East Marredpally, Secunderabad, is complaining thatthe respondents are interfering with the construction activity in the saidplot. A copy of the order of a similar matter is produced in materialpapers at page No.24.

I, therefore, deem it appropriate to dispose of the writ petitionfollowing the decision of this Court in W.P.No.9037 of 2007, dated5.62007 and the said direction shall also to be reiterated in this writpetition.

This writ petition is also disposed of directing the respondents notto interfere with the possession of the petitioner. It shall, however, beopen to MRO to implead the petitioner herein, if not already impleaded, inthe pending L.G.C. and seek appropriate orders from the Special Court. This Court further requests Special Court constituted under AndhraPradesh Land Grabbing (Prohibition) Act, 1982, to dispose of LGCNo.167 of 1997 expeditiously whether or not the petitioner is impleadedby the revenue officials.

The Writ Petition, with the above observations, is accordinglydisposed of. No costs.

______________________

DECEMBER, 26, 2008 VILAS V. AFZULPURKAR,J.

Tsr.

Copy to:

1 The Principal Secretary, Revenue Department Secretariat Buildings Hyderabad Secretariat Buildings Hyderabad 2 The District Collector Hyderabad District Hyderabad 3 The Mandal Revenue Divisional Officer Maredpally(M) Secunderabad

4. The Government Pleader for Revenue, High Court Buildings,High Court of A.P. (OUT)

5. Two C.D. copies.

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