Kare Madhu, And Another v. Sate Of Telangana, And 6 Others
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY ,THE THIRTY FIRST DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH GHAUHAN AND THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION (PlL) NO: 316 OF 2020 Between:
1. Kare [\,4adhu, Son of Kare Ramachandraiah, aged 33 years, Occupation. Agriculture, R/o H.No.2-53, tVamidipalle village, Kothur mandal, I\/ahabubnagar district now Nandigama mandal, Rangareddy district.
2. Udutha Prabhu, Son of Udutha Narayana, aged 31 years, Occupation. Agriculture, Rio H.No.1-2813, Mamidipalle village, Kothur mandal, [\/ahabubnagar district now Nandigama Mandal, Rangareddy district. ...PETITIONERS AND I Sate of Telangana, Rep. by its Secretary, Panchayat Raj Department, Secretariat, BRKR Bhavan, Tank Bund, Hyderabad. The District Collector, Rangareddy district, Lakdikapool, Hyderabad. The Tahsildar, Nandigama mandal, Rangareddy district. J The Panchayat Secretary, I\/amidipalle village, Nandigama mandal, Rangareddy district.
The Gram Panchayat, Mamidipalle village, Nandigama mandal, Rangareddy district, Represented by its Sarpanch.
The Executive Engineer, I & B Sub-Division, Shadnagar, Rangareddy district. The Assistant Sub-Divisional Engineer, | & B Sub-Division, Nandigama mandal, Nandigama, Rangareddy district.
...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ, order or direction, particularly one in the nature of writ of N/andamus declaring the action of the Respondents in erecting a dumping yard and smashana vaatika (crematorium) in the land forming part of FTL of Kundeti Kunta cheruvu in survey number- 1. of Mamidipalle village, Nandigama mandal, Rangareddy district as illegal, arbitrary, violative of law, Article- 14 and 21 of the constitution of lndia and issue a consequential direction directing the Respondents to restore the entire exlent of Ac.25.1 5 guntas in survey number-1 of [/amidipalle village, Nandigama mandal, Rangareddy district as pond and maintain the same in the interest of justice.
lA NO: 1 OF 2020 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondents not to utilize any part of the FTL extent (Acs.25.15 Gts) of Kondeti Kunta cheruvu in survey No.1 of Mamidipalle village, Nandigama mandal, Rangareddy district as dumping yard or buriat ground (smashana vaatika)
Counsel for the Petitioners:SRl JOINT PRABHAKAR ADVOCATE FOR SRI. N M KRISHNATAH Counsel forthe Respondent Nos. 1 & 4: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos. 2 & 3: GP FOR REVENUE Counsel for the Respondent No' 5: SRI' G' DAMODER REDDY' SC FOR GRAM PANCHAYAT Counsel forthe Respondent Nos. 6 & 7: GP FOR ROADS & BUILDINGS The Court made the following:
I HCJ&BV'I?,J w.P (PIL).No.316 of 2020 JUDGMENT: (Per the Hon'ble tbe Chi.fJustice Sri Raghvenilra stngh chauhar) Mr. J. Prabhakar, proxy counsei for Mr. N. M. Krishnaiah, the learned counsel for the petitioners, wishes to withdraw this Writ Petition with liberty to file a fresh Writ Petition.
Therefore, the Writ Petition (PIL) is, hereby, dismissed as withdrawn. The liberty, so prayed, is hereby granted. There shall be no order as to costs.
The miscellaneous petitions pending, if any, shall stand closed. SD/.K.SAILESHI ASSISTANT REGI //TRUE COPY// SEGTION OFFICER To '1. One CC to Sri. N.M. Krishnaiah, Advocate (OPUC)
2. One CC to Sri. G. Damoder Reddy, SC for Gram panchayat (OPUC)
3. Two ccs to the GP for Panchayaf nal & Rurar Developm6nt,'High cburt for the State of Telangana. (OUT)
4. Two ccs to the GP for Revenue, High court for the state of reranoana. (oUT)
5. Two ccs to the GP for Roads & Buildings, High court for the state"of reiangaha. (our)
6. Two CD Copies.
PN/ .I-- \
HIGH COURT DATED:3111212020 .ti_ TA s k q 06 JAil 2021 c)
ORDER
* WP(PIL).No.316 ot 2020 r9 Dismissing the WP As withdrawn Without costs.
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