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High Court for State of TelanganaWP/4767/2020disposed of no costs

Kothuri Chandraiah v. The State Of Telangana And 3 Others

2020-03-03A.Rajasheker Reddy3 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.4767 of 2020 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking to declare the action of the 4th respondent in interfering with the petitioner's rights from drawing water from the Bore well dug in an extent of Ac.03.05 guntas, in Survey Nos.234/A, 234/AA/1, 235/A, 233/A/5, Mogullapally Village, Mogullapally Mandal, Jayashankar Bhupalapally District, as arbitrary, illegal and consequently, direct the 4th respondent not to interfere with the petitioner's right over the subject property. 2.

Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents.

3.

The grievance of the petitioner is that though he submitted reply on 01.09.2019 to the Memo, dated 25.06.2019, issued by the Tahsildar, Mogullapally Mandal, Jayashankar Bhupalpally District, without considering the same and without passing any order thereon, the respondent authorities are trying to take coercive steps against the petitioner in respect of the subject property. 4.

Having regard to the same and considering the facts and circumstances of the case, the Writ Petition is disposed of directing the competent authority to consider the explanation submitted by the petitioner on 01.09.2019 pursuant to the Memo, dated 25.06.2019, issued by the 4th respondent, and pass appropriate orders in accordance with law. Till passing of orders on the reply,

dated 01.09.2019, no coercive steps shall be taken against the petitioner with respect to drawing water from the Bore well dug in an extent of Ac.03.05 guntas, in Survey Nos.234/A, 234/AA/1, 235/A, 233/A/5, Mogullapally Village, Mogullapally Mandal, Jayashankar Bhupalapally District. There shall be no order as to costs.

Miscellaneous petitions, if any, shall stand closed. ____________________________ A.RAJASHEKER REDDY,J 3rd March, 2020 YVL

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.4767 of 2020 Date:03.03.2020 YVL