Telangana High Court
WP/18424/2007 of M/s. M. Ranga Reddy and Sons, a partnership Vs The Special Court Under the A.P. Land Grabbing on 24 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE K.C.BHANU WRIT PETITION No.18424 of 2007 Between: M/s. M. Ranga Reddy and Sons, a partnership firm
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE V.ESWARAIAH& THE HON'BLE MR JUSTICE K.C.BHANU
WRIT PETITION No.18424 of 2007
Between:
M/s. M. Ranga Reddy and Sons, a partnership firm registered under theIndian Partnership Act having its Office at 1-11-251/21/A, Begumpet,Hyderabad, Rep. by its G.P.A. Sri Narayanadas Kishandas S/o. LateKishandas aged 61 yrs, Occ: Business R/o. 396/397 Jain Estates,Secunderabad.
..... PETITIONER
AND
1 The Special Court Under the A.P. Land Grabbing (Prohibition) Act BRKR Bhavan, Tank Bund, Hyderabad. BRKR Bhavan, Tank Bund, Hyderabad.
2 The Government of Andhra Pradesh, Rep. by the Special Grade Deputy Collector and Revenue Divisional Officer, Chevella Division.
3 The Hyderabad Urban Development Authority, Rep,. by its Chairman 1-9-323, Paigah Palace, Police LInes, Begumpet, Secunderabad.
4 The District Collector, Ranga Reddy District, Lakdikapul, Hyderabad.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to to issue a writ order or direction more particularly onein the nature of writ of Mandamus declaring the order of the firstrespondent dt.2-5-2006 in IA No. 446/2006 in L.G.C. No. 29/2006 asmodified by the order dt.31-8-2006 as illegal, arbitrary and as vitiated byerrors apparent on the fact of the record ad the action of the respondentNo.3 in refusing to grant permission vide Lr.No.. B./10655/P4/H/2005dt.18-3-2007 at the instance of the fourth respondent having collectedRs. 5,16,932/- towards fees, is arbitrary illegal, discriminatory andviolative of Art. 14 of the Constitution of India and pass such other orderor ordes as this Hon'ble Court may deem fit and proper in thecircumstances of the case.
Counsel for the Petitioner:MR.M.V.DURGA PRASAD
Counsel for the Respondent No.: GP FOR ASSIGNMENT
The Court made the following:
Form-NIC-OGS/WP{VSMI}
THE HON'BLE SRI JUSTICE V.ESWARAIAH& THE HON’BLE SRI JUSTICE K.C.BHANU
WRIT PETITION No.18424 of 2007
ORDER:(per Hon’ble Sri Justice V.Eswaraiah)
The learned counsel for the petitioner submits that the petitioneris not a party to the LGC.No.29/2006 on the file of the Special Courtunder A.P.Land Grabbing (Prohibition) Act, Hyderabad and the saidLGC was filed by the 2[nd] respondent herein against the respondents inLGC, and pending disposal of the said LGC, I.A.446/2006 was filedseeking to grant of temporary injunction and in the said application aconditional order of status quo was granted, restraining the persons forgetting sanction or permission for constructing houses and in so far asthe persons who have already obtained sanction and constructionhouses, no status quo was granted. It is stated that the petitioner is inpossession of Plot Nos.10 and 16 in Sy.No.44/2 of Miyapur village.Questioning the order in I.A.446/2006, this writ petition has been filed.
While admitting the writ petition, this Court granted interim orderdirecting the 3[rd] respondent to release the building permission on parwith the other plot owners in Sy.No.44/2 of Miyapur by order dated30.08.2007 in WPMP.No.23646/2007.
The learned counsel for the petitioner submits that this Court byorder Dated 02.07.2007 in W.P.Nos.3973/2007, 3974/2007 and4024/2007, at the instance of M/s.Matru Sri Cooperative House Building Society Limited, Sri Sirdi Sai Developers and one Mr.Y.C.Reddy,quashed the orders dated 02.05.2006 passed in I.A.446/2006 inLGC.29/2006. Therefore, the writ petition itself has become infructuous.
In that view of the matter, the Writ Petition is dismissed, as nofurther orders are necessary to be passed. No order as to costs.
__________________
V.ESWARAIAH,J
Dated: 24.12.2008Dsr
______________________
K.C.BHANU,J
..... REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
Conclusion
1 The Special Court Under the A.P. Land Grabbing (Prohibition) Act BRKR Bhavan, Tank Bund, Hyderabad. BRKR Bhavan, Tank Bund, Hyderabad.
2 The Government of Andhra Pradesh, Rep. by the Special Grade Deputy Collector and Revenue Divisional Officer, Chevella Division. Deputy Collector and Revenue Divisional Officer, Chevella Division.
3 The Hyderabad Urban Development Authority, Rep,. by its Chairman 1-9-323, Paigah Palace, Police LInes, Begumpet, Secunderabad. 1-9-323, Paigah Palace, Police LInes, Begumpet, Secunderabad.
4 The District Collector, Ranga Reddy District, Lakdikapul, Hyderabad.
5. 2CCs to
6. 2CD copies