Akula Yadaiah v. The State Of Telangana And 3 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) IVONDAY, THE FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE A. ABHISHEK REDDY WRIT PETITION NO: 24636 OF 2021 Between:
Akula Yadaiah, S/o. Ir4allaiah, Aged about 61 years, Occ. Taddy Topper, Ri/o. H. No. 3-110, Oacharam Village, Mothkur Mandal, Yadadri-Bhongir District ...PETITIONER AND
1. The State of Telangana, Rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.
2. The District Collector, Yadadri-Bhongir District.
3. The Tahsildar, Mothkur I\,4andal, Yadadri-Bhongir District
4. Smt, Jinukkula Lakshmi, W/o. Narsaiah Aged about Major years, Occ. Agriculture Fl/o. H. no. 3-41 , Dacharam Village, Mothkur Mandal, Yadadri-Bhongir District. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the 3rd Respondent in threatening to seize the bore-well of the petitioner in Sy.No.375, situated at Dacaram village, Moothkuru Mandal, Yadadri Bhongir District, without following due process, as illegal, arbitrary high-handed, unjust and consequently direct the 3rd respondent not to seize the bore-well, without due process of law.
lA NO: 1 OF 2021 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 herein, not to take coercive steps in respect of the bore-well of the petitioner in Sy. No.375 situated at Dadaram village, Moothkuru Mandal, Yadadri Bhongir District, pending disposal of Writ Petition. Counsel for the Petitioner: SRl. POTTIGARI SRIDHAR REDDY Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: NONE APPEARED The Court at the stage of admission made the following: ORDER rsn $tr'
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY U/RIT TION No. 24636 of2O2L ORDER:
Heard learned counsel for the petitioner and learned Governinent Pleader for Revenue for Respondents 1 to 3. With their consent, the Writ Petition is disposed of at the admission stage.
2.
Challenging the notice dated 1.9.07.2O21 issued by the 3'a respondent - Tahasildar threatening to seize the bore-well of the petitioner in Survey No. 375, situated at Dacaram Village, Moothkuru Mandal, Yadadri-Bhongir District, without following due process, the Writ Petition is filed. The complaint of the petitioner is that he submitted the representation / explanation dated 23.07.2021 to the said notice, but however, the same has not been considered.
3.
Without going into merits or demerits of the matter, having regard to the fact that the petitioner has already submitted his explanation to the notice dated 19.07.2021, the 3'd respondent - Tahsitdar is directed to pass necessary orders thereon, duly taking into consideration the said explanation. It is needless to mention that before passing any such order, the 3'd respondent shall put the petitioner as well as the 4th respondent on notice and give them an opportunity of hearing. Till the finai orders are passed, as afore-stated, the official respondents are directed not to take any coercive steps against the petitioner.
4.
The Writ Petition is accordingly, disposed of. No costs. !_ Y:-.1tT:gl_.1:!,1io"", if any, -shall stand closed. SD/.I.NAGALAKSHMI ASSISTANT REGISTRAR //TRUE COPY// ,6,/ I SECTION OFFICER To,
1. The Tahsildar, Mothkur Mandal, Yadadri-Bhongir District
2. One CC to Sri Pottigari Sridhar Reddy, Advocate [OPUC]
3. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] pres copy
4. Two CD Co
5. One Spare CHR rsn y'.1'l]-
HIGH COURT DATED:0411012021
ORDER
W.P.No.24636 of 2021 S '( 23 ssrllx o(, z -):'
-, DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS %.$,