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High Court for State of TelanganaWP/5226/2015dismissed as infructuous

M/S. Raos Educational Society, v. Andhra Pradesh Grameena Vikas Bank,

2022-08-17J Sreenivas Rao,P Naveen Rao4 pages

t 3308l HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY ,THE SEVENTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE P NAVEEN RAO THE HONOURABLE SRI JUSTICE J SREENIVAS RAO WRIT PETITION NO: 5226 OF 2015 Between:

M/s. Rao's Educational Society, rep. by Secretary and Correspondent, P. Prabhakar Rao, S/o. Kamalakar Rao, aged about 55 years, Rio. 5-B/A, Sangeethnagar, Kukatpally, Hyderabad.

...PETITIONER AND Andhra Pradesh Grameena Vikas Bank, rep. by Authorized Officer/Chief Manager, Bhupalapally Branch, Warangal District. District Collector and District Magistrate, Warangal District at Warangal. Neerukonda Subba Rao, Sio. Suryanarayana, R/o. Bhupalapally Village and Mandal, Warangal 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 a Writ of Mandamus or any other appropriate writ declaring that the action of the respondents in taking physical possession of the premises bearing H.No.9-176 admeasuring 1754.05 sq. yards in Sy.No.452, 455 and 4558 situated at Madina Colony, Bhupalapally, Warangal of which the petitioner is having a registered lease of 15 years under document No.990 of 2012, daled 17.05.2012 on the file of the Sub-Registrar, Parkal, Warangal District, is contrary to the law and the ratio laid down by the Supreme Court in 2014 (6) SCC 1 and consequently direct the 'lst respondent to open the lock and key and restore possession of the said premises to the petitioner to run High School therein and further direct the 1st respondent not to interfere with the conduct of school in the said premises except in accordance with law.

./ l.A. NO:2 OF 201S(WPMP. NO : 6950 OF 2015) 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 1st respondent to open the lock and key and restore possession of the subject premises bearing H.No.9-176 admeasuring 1754.05 sq. yards in Sy.No.452, 455 and 4558 situated at Madina Colony, Bhupalapally, Warangal to the petitioner so as to enable the petitioner run a high school therein, pending disposal of the writ petition.

l.A. NO: 1 OF 201S(WVMP. NO: 1993 OF 2015) Between:

Andhra Pradesh Grameena Vikas Bank, rep. by Authorized Officer/Chief Manager, Bhupalapally Branch, Warangal District, Telangana State. ...PETITIONER/RESPONDENT NO. 1 AND M/s. Rao's Educational Society, rep. by Secretary and Conespondent, P. Prabhakar Rao, S/o. Kamalakar Rao.

....RESPONDENTiPETITIONER District Collector and District Magistrate, Warangal District at Warangal. Sri. Neerukonda Subba Rao, S/o. Suryanarayana, R/o. Bhupalapally Village and Mandal, Warangal District.

...RESPONDENTS/RESPONDENTS Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order passed in W P.M.P. No. 6950i 2015 in W.P. No. 5226/ 2015 dt 03-03-20'15 Counsel for the Petitioner:SRl. M/S BHARADWAJ ASSOCIATES Counsel for the Respondent No. 1:M/S. V UMA DEVI Counsel for the Respondent No. 2: GP FOR REVENUE Counsel forthe Respondent No. 3:

The Court made the following:

HON'BLE SRI JUSTICE P. NAVEEN RAO HON'BLtr SRI JUSI'ICtr.J. SREDNIVAS RAO W.P. No.5226 of 2O15 ORDER: (eer uon'ble Sri Justice P Naveen Rao) No representation for petitioner. Learned counsel lor respondents submitted that cause in the writ petition does not survive for consideration since concerned account has become operational. Recording the same, the writ petition is dismissed as infructuous. No costs. Miscellaneous applications, if any pending stand closed. ASSISTiR/i?E55i8XA //TRUE COPY'

Ei, SECTION OFFICER To,

1. One CC to M/S BHARADWAJ ASSOCTATES [OPUC]

2. One CC to M/s. V Uma Devi, Advocate tOpUCl

3. Two CCs to GP for Revenue,High Court for the State of Telangana. [OUT]

4. Two CD Copies.

5. One Spare Copy PM SW

HIGH COURT DATED:1710812022 ..., $r tet \ 4P A\ \\ ,!o $/ \ \ ,t lt,::

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ORDER

WP.No.5226 of 2015 Dismissing the WP As infructuous without costs.

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