Telangana High Court

WP/46573/2022 of Ashi Lachaiah , Aashi China Lachaiah Vs The 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 TWENry TWO :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI wRlT PETITION NO: 46573 OF 2022 Between: 1. Ashi Lachaiah @ Aashi China Lachaiah, S/o. late

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

FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENry TWO

:PRESENT:

THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTIwRlT PETITION NO: 46573 OF 2022

Between:

1. Ashi Lachaiah @ Aashi China Lachaiah, S/o. late Jangaiah, Aged 83 years,Occ: Agricultural coolie, Resident of 3-80, Nizampet (V), Bachupally (M),Medchal Malakjgiri District.Occ: Agricultural coolie, Resident of 3-80, Nizampet (V), Bachupally (M),Medchal Malakjgiri District.

2. Ashi Mallesh, S/o Lachaiah, Aged 47 years, Occ: Agricultural coolie, Residentof 3-80, Nizampet (V), Bachupally (M), Medchal Malakjgiri District.of 3-80, Nizampet (V), Bachupally (M), Medchal Malakjgiri District.

3. Ashi Narasinga Rao, S/o Lachaiah, Aged 45 years, Occ: Agricultural coolie,Resident of 3-80, Nizampet (V), Bachupally (M), Medchal Malakjgiri District.Resident of 3-80, Nizampet (V), Bachupally (M), Medchal Malakjgiri District.4. Ashi Suresh, S/o Lachaiah, Aged 42 years, Occ: Agricultural coolie, Residentof 3-80, Nizampet (V), Bachupally (M), Medchal Malakjgiri District.of 3-80, Nizampet (V), Bachupally (M), Medchal Malakjgiri District.

5. Ashi Navaneetha, D/o Lachaiah, Aged 38 years, Occ: Agricultural coolie,Resident of 3-80, Nizampet (V), Bachupally (M), Medchal Malakjgiri District.Resident of 3-80, Nizampet (V), Bachupally (M), Medchal Malakjgiri District.

...Petitioners

AND

1. The State of Telangana, Rep. by its Principal Secretary, Department ofMunicipal Administration and Urban development (MA & UD), SecretariatBuildings, Hyderabad.Municipal Administration and Urban development (MA & UD), SecretariatBuildings, Hyderabad.

2. The Nizampet Municipal Corporation, Rep. by its Commissioner, Nizampet.

...Respondents

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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 particularity one inthe nature of writ of Mandamus directing the 2nd Respondent not to dispossessthe petitioners from their land in Survey No. 83 & 84 to the extent of Ac.2.00 inNizampet, Bachupally (M), Medchal Malakajgiri District under the limits of 2ndRespondent Corporation in pursuance of Interim Order in WPMP No. 52042 of2017 in 4196812017 dt.1511212017 in the interest of [justice ]by declaringRespondents arbitrary action is being illegal, unwarranted and violative ofArticles 14,21 and 300-,A of the Constitution of lndia; IA NO: 1 OF 2022

Petition under Section 151 CPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may be pleased todirect the 2nd Respondent not to dispossess the petitioners from the land insurvey No. 83 & 84 extent of Ac.2.00 in Nizampet village, Bachupally Mandal,Medchal Malakajgiri District.

Counsel for the Pe:itioner: SRl. RAMANA ALLU

Counsel for the Re;pondent No.1: GP FOR MCPL ADMN U ltlAhl DEVCounsel for the Re;pondent No.2: SRI B JAGAN MADHAV Ftr\O (StandingCounsel for Munici cality)

The Court made thrr following: ORDER

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION No.46573 of 2022

ORDER:

The writ petition is filed seeking the following relief:

Page 2 of 4

".-. to issue an appropriate writ, order or direction more particularity onein the nature of writ of Mandamus directing the 2"d Respondent not todispossess the petitioners from their land in Survey No.83 and 84 to theextent of Rc.2.oil in Nizampet, Bachupally (M), Medchat MalakajgiriDistrict under the limits of 2"d Respondent Corporation in pursuance ofInterim Order in WPMP No.52042 of 2O17 in 41964/2017 dt. 15.12.2017in the interest of [justice ]by declaring Respondents arbitrary action isbeing illegal, unrvarranted and violative of Articles 14,2l ar:d 3OO-A ofthe Constitution of lndia and .....".

2.

2. Mr. Ramana Allu, learned counsel for the petitioners submits thatin view of the interim orders passed in W.P.No.41968 of 2OL7 ol 15.12.2017 ,the respondents were directed not to dispossess the petitioners therein.According to the petitioner, in spite of the said order, the respondents aregoing to dispossess the petitioner. Hence, the petitioners are constrained toapproach this cou rt.

3. Mr. B. Jagan Madhav Rao, learned standing counsel for therespondent municipality submits that they are not interfering with thepetitioners possession.

4.

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 petitioners without following the due process. There shallbe no order as to costs.

The Itliscellaneous Applications,

if a n../ shall standSD/.I,.SIIIVA PARVATHIASSl:STANT REGISTRAR

automatically cl >sed.

//TRUE COPY//

L-

SECTION OFFICER

To,

Page 3 of 4

1. The Principe I Secretary, Department of Municipal Adm nistration and Urbandevelopmen (MA & UD), State of Telangana, Secretar at Burldings,Hyderabad.developmen (MA & UD), State of Telangana, Secretar at Burldings,Hyderabad.

2. The Commissioner, Nizampet Municipal Corporation, Nizampet.

3. One CC to S Rl. RAMANA ALLU Advocate [OPUCI[OPUCI

4. One CC to S Rl. B JAGAN MADHAV RAO, Standing Cotrnsel for Municipality,High Court frrr the State of Telangana, Hyderabad. [OPtJC]High Court frrr the State of Telangana, Hyderabad. [OPtJC]

5. Two CCs to 3P FOR MCPL ADMN URBAN DEV, High Court for the State ofTelangana, I lyderabad. [OUT]Telangana, I lyderabad. [OUT]

6. Two CD Co6 ies

HIGH COURT

LK,JDATED:3O11212022

ORDERWP.No.46573 of 2)22

WRIT PETITION I{ DISPOSED OFWITHOUT COSTS

46CN(\-'/.i\/,.1'I:)1?u3{i_i[1\\ 'l'.'/a,_-:E:,

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