K. Srimannarayana v. The State Of Andhra Pradesh,
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t33021 ANGANA IN'HEHIGH:,"J.}i}.1$.if fiffi*:.f FRr DAY, rHE rHr RrrErH Bt ?l,if ?fi'H=- TWOTHOUSAN PRESENT UR/\BLE SRI JUSTICE K. SARATH THE HONO WRIT Between:
, -a^ c.-i rz e,,hhaiah Anefl abOUt 56 years, Lrcu. -l"luitrr,pff,;r,[ffi [$,l*iilll'u'$m:
s V. 5r;b; R1,o, slo' v' duravivva' Aged about ' " ioElii""pinidree r'lasar, Mivapur' Hvderabad ...pETtTtoNERS o*?. ,n" State of Andhra Pradesh, Rep' bythe Collector' R'R Dist Lakdi-kapool' PETITI ON NO: 6701 0F 2008 Hyderabad.
Z. ffre fr,fanOal Revenue Officer' Serilingampally tvlandal' * *.3is['tt.*DENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction, more in the nature writ of mandamus, declaring the action of the respondents in unilaterally breaking the eastern side compound walls of the Petitioners house bearing Nos; 5-69, 5-67 and 5-70/8 respectively in Deepthisree Nagar, Miyapur, Hyderabad forming part of the Deepthisree Nagar Cooperative House Building Society Ltd., (Reg.No.TBC-509) as illegal, unauthorized, arbitrary and consequently direct them to forbear from disturbing the Petitioners in their possession or resort to any further demolitions etc. without due process of law.
l.A. NO: 1 OF 2008 (WPMP. NO: 8758 OF 2008) Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, ine Higr, court may be pleaseJ to direct the respondents by way, of injunction restraining the Respondlntr, 1n"i, men, servants, agents etc.. from interfering the peacefur possession -and enjoyment of the properties herd respectivery-of the petitioners house bearing Nos; 5-69, 5-67 and S-70/B respectively'in D-e UlgfqqqfJ$-n orn.r the Deepthisree Naoar :llT::: Nagar, Mtyapur, :::l_"ty.Lld ,(n"g.-No.iei-sos). - uooperative House euirjins uounsel for the petitioner frrl"",ilr:t:ff;r,?#:d,H#ll0E$.}.
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THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.67Ot of 2OO8 ORDER:
This writ petition is filed for the following reliei ". . . .to issue a urit order or direction more particrularlg one in the nature of Wit of Mandamus declaing tle arbitrary action of the respondents in unilaterallg breaking the eastem side compound walls of the petitioners house bearing Nos.5-69, 5-67 and 5-70/B respectiuelA in Deeptisree Nagar, Migapur, HAderabad forming part of the Deeptisree Nogar Cooperatiue House Building Society Ltd. (ReS. No'TBC-509) as illegal' unauthoraed, arbitrary and consequentlg direct tlem to forbear from disturbing the Petitioners in their possession or resort to any further d'emolitions etc'' uithout due process of law"
Heard the learned Counsel for the petitioners and leerned G ov emnent Pleadet for Reven ue'
,
3. Learned Counsel for the petitioners submits that the respondents are trying to break the eastern side compound watr\s ol the petitioners house bearing Nos' 5-69' 5-67 and 5-10 /B respecdvely ln Deeptisree Nagar' *o"t*'
) Hyderabad forming part of the Deeptisree Nagar Cooperative House Building Society Ltd., (Reg. No.TBC-509) without issuing any show-cause notice, or without following due process of law.
4.
Even after lapse of more than fourteen years the respondents did not choose to file counter in this matter.
5. In the above circumstances, the Writ Petition is disposed of directing the respondents not to break the compound walls in respect of the subject property without following due process of law.
6.
Miscellaneous petitions pending if any, shall stand closed. There shall no order as to costs SD/.N. SRIHARI ASSISTANTSEGISTRAR 1 //rRUE coPY/t __^_(p ___.^_^ I SECTION OFFICER To,
1. The Collector, The State of Telangana, R.R. Dist. Lakdi-kapool, Hyderabad.
2. The Mandal Revenue Officer, Serilingampally Mandal, R.R. Dist.
3. One CC to SRI V. HARI HARAN, Advocate [OPUC]
4. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. touTl
5. Two CD Copies BN GJP
HIGH COURT DATED:3011212022 a s q., L{, ,' tl uxt- .,/ \ t:i t!
ORDER
WP.No.6701 of 2008 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 I