Devaraju Anjaneya Rao vs. The State Of Telangana
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Order Issued After Hearing
Purpose:
Admission (Revenue)
Before:
Hon'ble B.Vijaysen Reddy
Listed On:
5 Jan 2024
Original Order Copy
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Order Text
$[3183]$
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR :PRESENT:
THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 327 OF 2024
Between:
Devaraju Anjaneya Rao, S/o. Late. D. Srinivas Rao, Aged about 71 Years, Occ. Retired Employee, Flat No. 402, V.S.R. Residency, Mithila Nagar, Opp. JNTU, Prgathi Nagar, Nizampet, Hyderabad, Telangana - 500090.
Petitioner
AND
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- The State of Telangana, Rep by its Spl. Chief Secretary, Revenue Department Secretariat, Hyderabad.
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- The Chief Commissioner of Land Administration Department of Revenue, Nampally Station Rd, Opp. Annapurna Hotel, Karimabad Cooperative Society, Abids, Hyderabad, Telangana 500001.
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- The District Collector, Peddapalli District, Telangana State.
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- The Additional Collector (Revenue), Peddapalli District, Telangana State
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- The Revenue Divisional Officer, Peddapalli Division, Peddapalli District, Telangana State.
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- The Mandal Revenue Officer, Eligaid Mandal, Peddapalli District, Telangana State.
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- Bavu Sommaiah, S/o. Bavu Rajaiah, Aged about 47 years, Occupation. Agriculture R/o Eligaid Village and Mandal, Peddapalli District, Telangana State
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- Bavu Padma, W/o. Bavu Sammaiah, Aged about 42 years, Occupation. Household R/o Eligaid Village and Mandal, Peddapalli District, Telangana State
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- Bavu Vijay Kumar, S/o Bavu Sommaiah Age unknown, Occupation. Agriculture R/o Eligaid Village and Mandal, Peddapalli District, Telangana State
Respondents
WHEREAS the Petitioner above named through his Advocate SRI VAKITI VINEETH REDDY presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to Issue a Writ(s), Order(s) or Direction(s), more particularly in the nature of WRIT OF MANDAMUS declaring the passing of order dated 19/06/2021 vide Impugned Proceedings bearing No. B2/3054/2019 with Tribunal Case No. LDM2000021677 ("Impugned Proceedings") with respect to the land in Survey No. 891 admeasuring Ac 1-09 Gts situated in Eligaid Village, Eligaid Mandal, Peddapalli District, Telangana by Respondent No. 3 and 4 as unconstitutional and to remand back the case to the Respondent No. 3 and 4 for proper adjudication in accordance with the Telangana Rights in Lands and Pattedar Pass Books Act, 2020 by considering the contentions of Petitioner,;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri VAKITI VINEETH REDDY Advocate for the Petitioner, directed issue of notice to the Respondents 7 to 9 herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
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- Bavu Sommaiah, S/o. Bavu Rajaiah, Aged about 47 years, Occupation. Agriculture R/o Eligaid Village and Mandal, Peddapalli District, Telangana State
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- Bavu Padma, W/o. Bavu Sammaiah, Aged about 42 years, Occupation. Household R/o Eligaid Village and Mandal, Peddapalli District, Telangana State
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- Bavu Vijay Kumar, S/o Bavu Sommaiah Age unknown, Occupation. Agriculture R/o Eligaid Village and Mandal, Peddapalli District, Telangana State
are directed to show cause on or before 02/02/2024 to which date the case stands posted as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.
IA NO: 2 OF 2024:
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 Respondents No. 7 to 9, not to alienate the land in Survey No. 891 admeasuring Ac 1-09 Gts and Survey No. 892 admeasuring Ac 1-21 Gts situated in Eligaid Village, Eligaid Mandal, Peddapalli District, to others till the final disposal of the Writ Petition in the interests of justice, equity and good conscience, pending disposal of WP No. 327 of 2024, on the file of the High Court. THE COURT MADE THE FOLLOWING ORDER:
Issue notice to respondents No.7 to 9.
Learned counsel for the petitioner is permitted to take out personal notice to respondents No.7 to 9 and file proof of service by the next date of hearing.
It is made clear that any alienation made by respondents No.7 to 9 in respect of the subject land shall be subject to further orders of this Court.
The petitioner is directed to make the Special Tribunal, Peddapalli as a party respondent by the next date of hearing.
Post on 02.02.2024.
SD/- K. SREERAMA MURTHY ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
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- The Spl. Chief Secretary, Revenue Department State of Telangana Secretariat, Hyderabad.
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- The Chief Commissioner of Land Administration Department of Revenue, Nampally Station Rd, Opp. Annapurna Hotel, Karimabad Cooperative Society, Abids, Hyderabad, Telangana 500001.
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- The District Collector, Peddapalli District, Telangana State.
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- The Additional Collector (Revenue), Peddapalli District, Telangana State
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- The Revenue Divisional Officer, Peddapalli Division, Peddapalli District, Telangana State.
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- The Mandal Revenue Officer, Eligaid Mandal, Peddapalli District, Telangana State. (1 to 6 by RPAD)
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- Bavu Sommaiah, S/o. Bavu Rajaiah, Aged about 47 years, Occupation. Agriculture R/o Eligaid Village and Mandal, Peddapalli District, Telangana State
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- Bavu Padma, W/o. Bavu Sammaiah, Aged about 42 years, Occupation. Household R/o Eligaid Village and Mandal, Peddapalli District, Telangana State
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- Bavu Vijay Kumar, S/o Bavu Sommaiah Age unknown, Occupation. Agriculture R/o Eligaid Village and Mandal, Peddapalli District, Telangana State (7 to 9 by RPAD along with a copy of petition and affidavit) $\frac{1}{2}$
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- One CC to SRI. VAKITI VINEETH REDDY Advocate [OPUC]
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- Two CCs to GP FOR REVENUE, High Court at Hyderabad. [OUT]
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- One spare copy
To,
HIGH COURT
BVRJ
DATED:05/01/2024
POST ON 02-02-2024
NOTICE BEFORE ADMISSION
WP.No.327 of 2024
DIRECTION