Telangana High Court
WP/46551/2022 of P. Prabhakar Shetti Vs State of Telangana on 30 December 2022
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 46551 OF 2022 Between: --_- P. Prabhakar Shetti, S/o. P. Parvathaiah, Occ-
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWOPRESENT
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTIWRIT PETITION NO: 46551 OF 2022
Between:
--_-
P. Prabhakar Shetti, S/o. P. Parvathaiah, Occ- Business R/o. Chelimillah village,Pebbair Mandal, Wanaparthy District.
."
...PETlrloNER
AND
1. State of Telangana, Rep by its Principal Secretary, Municipal administrationand Urban Development Department Secretariat, Hyderabadand Urban Development Department Secretariat, Hyderabad
2. Pebbair Municipality, rep by Commissioner Wanaparthy District.
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue an appropriate Writ, Order or Direction, more particularly one inthe nature of writ of mandamus declaring the action of the Respondents moreparticularly Respondent No.2 in interfering with petitioner peaceful possessionover the plot no. 10/"1/Part admeasuring 66.66 Sq.Yds in Sy.No. 339, Situated atChelimillah village, Pebbair Mandal, Wanaparthy District as illegal, arbitrary andviolative of Article 14, 21,300A of the Constitution of India and consequently directthe Respondents not to interfere with the petitioner [property ]land admeasuringSquare yards 66.66 in Sy.No. 339, Situated at Chelimillah village, Pebbair Mandal,Wanaparthy District; /- lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the [petition, ]the High Court may be pleased to directthe Respondents not to dispossess the [petitioner ]from plot no. 10/1/Partadmeasuring 66.66 Sq.Yds in Sy.No. 339, Situated at Chelimillah village, PebbairMandal, Wanaparthy District pending disposal of the main writ [petition;]-'the affidavit filed in support of the [petition, ]the High Court may be pleased to directthe Respondents not to dispossess the [petitioner ]from plot no. 10/1/Partadmeasuring 66.66 Sq.Yds in Sy.No. 339, Situated at Chelimillah village, PebbairMandal, Wanaparthy District pending disposal of the main writ [petition;]-'
Counsel for the Petitioner: SRl. RAVI CHANDRA BEJJARAM
Counsel for the Respondent No 1: GP FOR MCPL ADMN URBAN DEVGounsel for the Respondent No 2: SRI M.RAM MOHAN REDDYThe Court made the following: ORDER ['-']
THE HON'BLE SMT. JTISTICE LALITHA KANNEGANTI
WRIT PETITION No.46551 of 2022
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ORDER:
The writ petition is filed seeking the following reliet "... to issue an appropriate Writ, Order or Direction, more particularlyone in tl e nature of writ of mandamus declaring the action of theRespondents more paiticularly Respondent No.2 in interfering withpetitioner peaceful possession over the piot no.1O/1/Part admeasuring66.66Sq.Yds in Sy.No.339 Situated at Chelimillah village, PebbairMaldal, Wanaparthy District as illegal, arbitrary and violative of Article14, 21, 3OOA of the Constitution of India and consequently direct theRespondents not to interfere with the petitioner property landadmeasuring Square yards 66.66 in Sy.No.339 Situated at Chelirnillahvillage, Pebbair Mandal, Wanaparthy District and .....".
2.
2. Mr. Ravi Chandra Bejjaram, learned counsel for the petitionersubmits that the petitioner is absolute owner of the subject property havingpurchased the same by way of registered sale deed d,ated 27.06.2014 and thepetitioner has been in peaceful possession and enjoyment of the same.According to the petitioner, the respondents in the process of widening theroad are taking steps to dispossess the petitioner.
3.
3. Mr. M. Ram Mohan Reddy, leamed standing counsel for therespondent municipality submits that in the existing lOofeet road, there areencroachments and the petitioner has also encroached the road and madecertain constructions. He submits that they are going to issue notice to thepetitioner and will tal<e further steps.
4. Recording the said submission of the learned standing counsel, thewrit petition is disposed of directing the respondents not to interfere with thepossession of the petitioner without following the due process of raw. Thereshall be no order as to costs.
The Miscellaneous Applications, if any shall standautomatically closed.SD/-N.SRIHARIASSISTANT REGISTRAR//TRUE COPY//
SD/-N.SRIHARIASSISTANT REGISTRAR
SECTION OFFICER
To,
1. The Principal Secretary, Municipal administration and Urban DevelopmentDepartment Secretariat, State of Telangana, HyderabadDepartment Secretariat, State of Telangana, Hyderabad
2. The Commissioner Pebbair Municipality, Wanaparthy District.
3. One CC to SRI. RAVI CHANDRA BEJJARAM Advocate [OPUC][OPUC]
4. Two CCs to GP FOR MCPL ADMN URBAN DEV, High Court for the State ofTelangana, Hyderabad. [OUT]Telangana, Hyderabad. [OUT]
5. Two CD Copies
I!i
HIGH COURTLK, JDATED: 3011212022ORDER16e1xWP.No.46551 ot 2022oo0 2 FEB [823]o//WP IS DISPOSEDOF WITHOUT COSTS