Telangana High Court

WP(PIL)/122/2016 of MASIRAGANI VINAY KUMAR, WARANGAL DIST AND ANOTHER Vs SECY, PRESIDENT OF INIDA., NEW DELHI AND 7 OT on 30 December 2021

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THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) THURSDAY. THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HON'BLE SRI JUSTICE N. TUKARAMJI Between: 1 Masiragani Vinay Kumar, S/o. Kanakaiah , Age 47 years,

THURSDAY. THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY ONE

PRESENT

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMAANDTHE HON'BLE SRI JUSTICE N. TUKARAMJI

WP(PIL) NO: 122 OF 2016

Between:

1Masiragani Vinay Kumar, S/o. Kanakaiah , Age 47 years, Occ: Advocate, Rt/o:Jangalapalli Village, Mulug-u Mandal, Waranga-l Districi, Telangana State.2Podem Veeraiah,, S/o: Sammaiah, Age 50 years, Occ: Farmer MLA, R/o.Thodyala Lakshmipur, Mangapet Mandal Wararigat District, State :lJ.,l1ngnmlAND

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1. The Secretary, President of lndia, Rastrapathi Bhavan, New Delhi.2. The Union of lndia Rep. by its Secretary, Ministry of Home, Shastri Bhavan, NewDelhi.2. The Union of lndia Rep. by its Secretary, Ministry of Home, Shastri Bhavan, NewDelhi.3. The Secretary, Governor of the State of Telanqana,, Rai Bhavan, Hvderabad4. The State of Telangana, lts rep. by the Chief S-ecretary,. Secretariaf buitdings,Hyderabad.4. The State of Telangana, lts rep. by the Chief S-ecretary,. Secretariaf buitdings,Hyderabad.

5. The State of Telangana, Rep. by its Special Chief Secretary to the Revenue- [qepqrtment, ][Secretariat, ][Hyderabad.]6. The state of relangana, R.ep by its principal secretary to the Tribal welfareOepartment, Secretariat. Hyderabad.- [qepqrtment, ][Secretariat, ][Hyderabad.]6. The state of relangana, R.ep by its principal secretary to the Tribal welfareOepartment, Secretariat. Hyderabad.

Hyderabad.7. The Chief Commissioner of Land Administration, The State of Telangana,Narayanguda, Hyderabad.Narayanguda, Hyderabad.

B. The District _Collector. Warangal District,, Subedari, Hanamkonda, Warangal Collector. Warangal District,, Subedari, Hanamkonda, Warangal 506001.

...RESPONOENTS

Petition under Article 226 of the constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High court may be pleasedto lssue an appropriate writ, order or Direclion, more particularly one in the Natureof Mandamus declaring the action of the Bth respondent inviting objections toto lssue an appropriate writ, order or Direclion, more particularly one in the Natureof Mandamus declaring the action of the Bth respondent inviting objections toformation of the Jayashanker (new) at Bhupalapally District through cazette No. 30/wGL/2016 Dl:22-08-2016 in pursuance of the G.o.Rt.No.363 & G.o.Rt.No.372,wGL/2016 Dl:22-08-2016 in pursuance of the G.o.Rt.No.363 & G.o.Rt.No.372,dt:22-08-2016 issued by the Sth respondent as illegal, arbitrary, unjust, unfair,irrational, perverse, mockery, unlawful, unco nstitutiona l, without jurisdiction andagainsttotheArticle 14, 19,21 ,244,3a9,342and 366of constitutionof tndiaandagainst to the v schedule of constitution of lndia and against to the provisions of theAndhra Pradesh scheduled Areas Land rransfer Regulation, 1g59 and agarnst tothe provisions of the PESA (panchayats Extension to the scheduled Areas) Act,irrational, perverse, mockery, unlawful, unco nstitutiona l, without jurisdiction andagainsttotheArticle 14, 19,21 ,244,3a9,342and 366of constitutionof tndiaandagainst to the v schedule of constitution of lndia and against to the provisions of theAndhra Pradesh scheduled Areas Land rransfer Regulation, 1g59 and agarnst tothe provisions of the PESA (panchayats Extension to the scheduled Areas) Act,1996 as amended Act 7i 1 998 and the Rules 2011 through its G.o.Ms.No.66 of theState Government of Andhra pradesh dl:24-03-2011 , against to the provisions of theAndhra Pradesh District (Formation) Act, 1974 as amended Act, 711974 and againstto the catena of Judgments of this Hon'bre court and an Apex court andState Government of Andhra pradesh dl:24-03-2011 , against to the provisions of theAndhra Pradesh District (Formation) Act, 1974 as amended Act, 711974 and againstto the catena of Judgments of this Hon'bre court and an Apex court andconsequently direct the 1st & 3rd respondents to consider the representation of thepetitioner dated 08-09-2016 toform Sri Sammakka Sarakka District as HeadQuarters at Mulugu Townpetitioner dated 08-09-2016 toform Sri Sammakka Sarakka District as HeadQuarters at Mulugu Town

l.A. NO: 1 OF 2016(W[,(PlL)MP. ]NO: 216 OF 2016

Petition under iection 151 CPC [praying ]that in the circumstances stated [in]the affidavitfiled in srpportof the [petition, ]the High Court may be [pleased ]directthe1st and 3rd responde nt to consider the representations of the [petitoners dt:08-09-]2016 and to form the )istrict of Sri Sammakka Sarakka [as ][Head ][Quarters ][at ][lVlulugu]Town in accordance vr ith the various [provisions ]of the Schedulei [Areas ][Acts ][and the]V Schedule of Constitr tion of lndia [pending ][disposal ][of ][the ][above ][Writ ][Petition]

I,A. NO: 2 0F 2016(Wl 'MP. NO:17F 2016

'Petition under [r;ection ]151 [CPC ][praying ][that ][in ][the ][circumstances ][state][d ][in]the affidavit filed in [;upport ]of [the ][petition, ][the ][High ][court ][rnay ][be ][pleased ][to]suspend the [proceed ]1gs of [the ][Bth respondent ][in ][inviting ][the ][ob.lections ][to ][form]Jayashanker [(new) ]a Bhupalapally [District through Gazette ][No, ][30/ WGL/ ][2016]Dt:22-08-20 16 in [purs ][rance ][of the ][G.O Rt.NO.363 ][& ][G ][O.Rt No. 372, ][dt22-O8-2o16]issued by the sth resp [rndent pending ][disposal ][of ][tile ][above ][Writ ][Petition]Counsel for the Petitioners: [SRI ][PRABHAKAR ][CHIKKUDU]

Counsel for Respondr'nts: [THE ADVOCATE GENERAL]

The Court made [the ][f< ][llowing: ][ORDER]

\

THE HON'BLE THE CHIEF JUSTICE SATISH CHAND RA SHARMAAND

THE HON'BLE SRI JUSTICE N. TUI{ARAMJI

WRIT PETITION (PILI No.l22 of 2O16

ORDER: (Per the Hon'ble the Chief Justice Satish Chand.ra Sharma)

Learned counsel for the petitioners is lair enough instating before this Court that Mu1ugu District has beenstating before this Court that Mu1ugu District has beenformed and therefore, the writ petition has becomeinfructuous.infructuous.

The Writ Petition is accordingly disposed of asinfructuous. The miscellaneous applications pending, ifai-iy, shall stand closed. There sha_ll be no order as tocosts.

SD/- V.KAVITHAASSISTANT REGISTRARqoSECTION OFFICER

/iTRUE COPYi/

To.'1 . One CC to Sri Prabhakar Chikkudu Advocate [OPUCI2. Two CCs to [the ][norotliL-ei'nei"[ ][n;gr,-corrttor ][the ][state ][of ][Telangana. ][[oUT]]3. Two CD CoPies4. One SPare [CoPY]

MBC?

DATED: 3011212021

ltrr:5iAi"::,,. <,.'-QA{''),')11ir,i:2i:?2

ORDER

WP(PIL).No.122 of 2016

DrsPoslNG oF THE WP(PIL) AS INFRUCTUOUS, .9,rAtp?v)K*

WITHOUT COSTS

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