S.V.K.B.Aditya Laxma Rao vs. The State Of Telangana And 6 Others
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Order Issued After Hearing
Purpose:
Admission (Municipal Admn.)
Before:
Hon'ble A.Abhishek Reddy
Listed On:
29 Dec 2020
Original Order Copy
Get a certified copy of this order
Order Text
../- 13167 l (sHow cAUSE NOTTCE BEFORE ADMtSStON) IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY ,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND
TWENTY
:PRESENT: THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION NO: 23616 OF 2020
Between:
S.V.K.B.Aditya Laxma Rao, S/o. S.V Jagannadha Rao
Petitioner
AND
-
- The State of Telangana, Rep by its Principal Secretary for Municipal Administration Secretariat Hyderabad
-
- The District Collector, Nagarkurnool Nagarkurnool District
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- The Commissioner of Nagara Panchyat, Kallapur Town, Kollapur Mandal Nagarkurnool District
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- Jalakam Laxmaiah, S/o. J Budda Balaiah Aged about 65 Years, Occ.Business. R/o. H No. 2-14-38, Telugu Veedhi, Kollapur Town, Kollapur Mandal, Nagarkurnool District
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- Jalakam Balamma, S/o. J. Laxmaiah, Aged about 58 Years, Occ.Business R/o. <sup>H</sup> No. 2-14-38, Telugu Veedhi, Kollapur Town, Kollapur tt/landal, Nagarkurnool District
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- Jalakam Maddiletti, S/o J. Laxmaiah Aged about 39 Years Occ.Agriculture R/o. <sup>H</sup> No. 2-14-38, Telugu Veedhi, Kollapur Town, Kollapur Mandal, Nagarkurnool District
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- Jalakam Naresh, S/o. J .Laxmaiah Aged about 32 Years, Occ.Agriculture belongs to R/o. H No. 2-14-38, Telugu Veedhi, Kollapur Town, Kollapur Mandal, Nagarkurnool District
Respondents
WHEREAS the Petitioner above named through his Advocate SRI T <sup>L</sup> KRISHNA PRASAD presented this Petition under Article 226 of lh,e 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring inaction of the respondent No. 3 in not considering the representations made by the petitioner in restraining the respondent No. 4lo 7 in construction of the building by dismantling the hut while pending the civil suit in OS No. 21 of 2020 on the file of the Court of Junior Civil At Kollapur is illegal, arbitrary and consequently direct the respondent No. 3 to restrain the respondent No. 4 to 7 from construction works at schedule vacant land consists of 89.4 Sq Yards eastern side of H No. 1-10-187/1 near Ambedkar Statue, Kollapur Town which is within the limits of the Nagara Panchayat Kollapur;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri T L KRISHNA PRASAD Advocate for the Petitioner, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted
You viz:
-
- The Principal Secretary for Municipal Administration, State of Telangana, Secretariat Hyderabad
-
- The District Collector, Nagarkurnool Nagarkurnool District
-
- The Commissioner of Nagara Panchyat, Kallapur Town, Kollapur Mandal Nagarkurnool District
-
- Jalakam Laxmaiah, S/o. J Budda Balaiah Aged about 65 Years, Occ,Business. R/o. H No. 2-14-38, Telugu Veedhi, Kollapur Town, Kollapur Mandal, Nagarkurnool District
-
- Jalakam Balamma, S/o. J. Laxmaiah, Aged about 56 Years, Occ.Business R/o. <sup>H</sup> No. 2-14-38, Telugu Veedhi, Kollapur Town, Kollapur Mandal, Nagarkurnool District
-
- Jalakam Maddiletti, Sio J. Laxmaiah Aged about 39 Years Occ.Agriculture R/o. <sup>H</sup> No. 2-14-38, Telugu Veedhi, Kollapur Town, KollapurMandal, Nagarkurnool District
-
- Jalakam Naresh, S/o. J .Laxmaiah Aged about 32 Years, Occ.Agriculture belongs to R/o. H No. 2-14-38, Telugu Veedhi, Kollapur Town, Kollapur Mandal, Nagarkurnool District
are directed to show cause on or before 0810212021 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.
lA NO: 1 OF 2020:
7
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 grant STATU- QUO, pending disposal of the WP No. 236'16 of 2020, on the file of the High Court.
THE COURT MADE THE FOLLOWING ORDER:
Notice before admission.
Learned counsel for the petitioner is directed to take out personal notice to respondent Nos.4 to 7 and file proof of service into Registry.
Post on 08.02.2021.
ln the meanwhile, the competent authority shall consider the representations made by the petitioner on 13.12.2019, 11.06.2020 and 20.11.2020 and if the allegations made by the petitioner in the above mentioned representations are found to be true, the official respondents shall stop the construction which is sought to be made in the subject land.
-SI,/- B. SA]'YAVATHI i\SS I S'tr\ N'l' A EG I ST}1,l lr () ./ \Y- ./ -
,TRUE COPY//
SECTION OFFICER \V
To,
-
- The Principal Secretary for Municipal Administration, State of Telangana, Secretariat Hyderabad
-
- The District Collector, Nagarkurnool Nagarkurnool District
-
- The Commissioner of Nagara Panchyat, Kallapur Town, Kollapur Mandal Nagarkurnool District
-
- Jalakam Laxmaiah, S/o. J Budda Balaiah Aged about 65 Years, Occ.Business. R/o. H No. 2-14-38, Telugu Veedhi, Kollapur Town, Kollapur Mandal, Nagarkurnool District
-
- Jalakam Balamma, S/o. J. Laxmaiah, Aged about 58 Years, Occ.Business R/o. <sup>H</sup> No. 2-14-38, Telugu Veedhi, Kollapur Town, Kollapur Mandal, Nagarkurnool District
-
- Jalakam Maddiletti, S/o J. Laxmaiah Aged about 39 Years Occ.Agriculture R/o. <sup>H</sup> No. 2-'14-38, Telugu Veedhi, Kollapur Town, Kollapur Mandal, Nagarkurnool District
-
- Jalakam Naresh, S/o. J .Laxmaiah Aged about 32 Years, Occ.Agriculture belongs to R/o. H No. 2-14-38, Telugu Veedhi, Kollapur Town, Kollapur Mandal, Nagarkurnool District ('l to 7 by RPAD along with a copy of petition and affidavit)
- B. One CC to SRl. T L KRISHNA PRASAD Advocate [OPUC] 9. Two CCs to GP FOR MCPL ADMN & URBAN DEV,High Court Of Judicature at Hyderabad. [OUT]
- 10.Two CCs to GP FOR REVENUE,HIgh Court Of Judicature at Hyderabad. [OUT] <sup>1</sup>1 . One spare copy
HIGH COURT
AARJ
DATED:29/12/2020
POST ON 08-02-2021
NOTICE BEFORE ADMISSION
WP.No.23616 OF 2020