WP/11392/2023 of NunavathChinna Shankar Vs The State of Telangana on 31 December 2024

HIGH COURT FOR THE STATE OF TELANGANAAT HYDERAAAD(Special Original Jurisdiction)

TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENW FOUR

PRESENT

THE HONOURABLE SRI JUSTICE K.LAKSHMANWRIT PETITION NO: 11392 OF 2023

Between:

NunavathChinna Shankar, S/o Lalu, Aged 50 years, OccAgriculture, Fl/o.PalakoyaThanda, Paloncha, BhadradriKothagudem District.PalakoyaThanda, Paloncha, BhadradriKothagudem District.

.....PETITIONER

AND

1. The State of Telangana, rep by Principal Secretary (Revenue), Secretariat,Hyderabad.Hyderabad.

2. The District Collector, BhadradriKothagdem District, Kothagudem.

3. The Director of town and Country Planning, DTCP Bhavan, AC Gaugards,Hyderabad.Hyderabad.

4. The Revenue Divisional Officer, Kothagudem Division, Kothagudem,BhadradriKothagudem District.BhadradriKothagudem District.

5. The Palwancha Municipality, rep by Commissioner, Palwancha,BhadradriKothagudem District.BhadradriKothagudem District.

6. K. Jayanth, S/o Puma. Chandra Rao, Aged 31 years, occ. Business, RyoH. No. 6-2 1 /1, Rtd ramadevi B azar, I ayy aram, Mahabubabad District.H. No. 6-2 1 /1, Rtd ramadevi B azar, I ayy aram, Mahabubabad District.

.....RESPONDENTS

Petition Under Article 2% of the Constitution of lndia praying that in thecircumstances stated in the affUavit filed therewith, the High Cou( may bepleased to pass an order or direction or Writ in the nature of Mandamus dulydeclaring the tentative lay out sanctioned by the 4th rcspondent herein videdeclaring the tentative lay out sanctioned by the 4th rcspondent herein videapplication number 005545/ LO / DTCP l3022l W2O|2O21, dated 1810412022 nfavour of the 3rd respondent herein in respect of land to an extent of Acers 2-32.18 Guntas situated in Survey number 419121212, at Palwancha Village andMandal, BhadradriKothagudem District, as illegal, arbitrary and against thefavour of the 3rd respondent herein in respect of land to an extent of Acers 2-32.18 Guntas situated in Survey number 419121212, at Palwancha Village andMandal, BhadradriKothagudem District, as illegal, arbitrary and against the principles of natural justice as well against the provisions of Municipality Act of20t9, in view of report of 4th respondent vide Re No. F/ 1076/2020 ctated2911212020, and consequently, set aside the above said lay out in the interest ofjustice.2911212020, and consequently, set aside the above said lay out in the interest ofjustice.

i.A.NO:1 OF 2023

Petition Under Section 15'l CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Courl may be pleased tosuspend the tentative lay out vide application number 005545/LOlDTCPl3022lOO2Ol2O21, dated 18.04.2022 in tavour of the 3rd respondent hereinin respect of land to an extent of Acers 2-32.18 Guntas situated in Survey number419121212, at Palwancha Village and Mandal, BhadradriKothagudem District, inthe interest of justice.

Counsel for the Petitioner : SRI S.RAMA MOHAN RAO

Counsel for the Respondent Nos.1, 2 & 4 : AGP FOR REVENUE

Counsel for the Respondent Nos.3 & 5 : SRI M.RAM MOHAN REDDY

Counsel for the Respondent No.6 : --

The Co'urt made the following OROER

/

HOIT'BLE SRI JUSTICE K. LAI(SHMAIT

WRIT PEf,ITIOlt No.11392 of 2ol23