(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

WEDNESDAY, THE TWENTY EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO

:PRESENT: THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY

WRIT PETITION NO: 37895 OF 2022

Between:

• 1. Kattakola Suguna, W/o. late K. Suryanarayana rao.
• 2. Shyamala Sai Pooja, W/o. Pradeep Kumar.
• 3. G. Sai Geetha, W/o. G. Chandra Sekhar.
• 4. Kattakola Pavan Kumar, S/o. late K. Suryanarayana.
• 5. Kollu Shanthi, W/o. Ramu.
• 6. Polagani Balaiah @ Balu goud, S/o. Ramulu.

Petitioners

AND

• 1. The State of Telangana, Rep. by its Principal Secretary, Irrigation and CAD Department, Secretariat Buildings, At Hyderabad.
• 2. The District Collector, Suryapet District, at Suryapet,
• 3. The Executive Engineer,, Irrigation and Public health Department, Survapet.
• 4. The Deputy Executive Engineer, Moosi Project, Irrigation Department Suryapet, Suryapet District.
• The Suryapet Municipality, Represented by its commissioner, Suryapet, Suryapet District.

Respondents

WHEREAS the Petitioners above named through their Advocate SRI KOWTURU PAVAN KUMAR 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 pleased to issue Writ or direction preferably Writ of Mandamus declaring the action of the Respondent Nos.2 to 5 authorities in trying to dispossess us from our part of patta land in Survey No.23/1 and 24/1 of Suryapet, Suryapet District under the guise of construction of canal bund, without giving any notice to us and without following due process of law, as illegal, arbitrary and violative of principles of natural justice and violative of Article - 300 A of Constitution of India, consequently direct the Respondents to not dispossess the petitioners from their subject patta land in survey No.23/1 and 24/1, Suryapet District;

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri KOWTURU PAVAN KUMAR, Advocate for the Petitioners and GP for Irrigation who took notice on behalf of the Respondent Nos.1, 3 & 4 and Sri N. Praveen Kumar, Advocate, Who took notice on behalf of the Respondent No.5, 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, Irrigation and CAD Department, State of Telangana, Secretariat Buildings, At Hyderabad.
• 2. The District Collector, Suryapet District, at Suryapet,
• 3. The Executive Engineer, Irrigation and Public health Department, Suryapet.
• The Deputy Executive Engineer, Moosi Project, Irrigation Department Suryapet, Suryapet District.
• 5. The Commissioner, Suryapet Municipality, Suryapet, Suryapet District.

are directed to show cause on or before 28-10-2022 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: 1 OF 2022

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 No.2 to 4 to not to dispossess the petitioners from the patta land in survey No.23/1 and 24/1, Suryapet, Suryapet District, pending disposal of WP No. 37895 of 2022, on the file of the High Court.

The Court made the following: ORDER:

Notice before admission.

Learned Government Pleader for Irrigation appearing for respondents 1, 3 and 4, as well as Sri N. Praveen Kumar, learned Standing Counsel, appearing for respondent No.5 seek time for filing counter.

Post on 28.10.2022.

Having regard to the photographs filed by the petitioners, which show that compound wall has already been constructed by the petitioners, the official respondents are directed not to interfere with the possession of the petitioners in respect of the subject property. It is made clear that no further construction shall be undertaken by the petitioners in the subject property, pending further orders of this Court. However, this order does not preclude the authorities from taking necessary action against the petitioners strictly in accordance with law i.e. duly putting the petitioners on notice and affording them an opportunity of hearing.

SD/- P. PADMANABHA REDDY ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

• 1. The Principal Secretary, Irrigation and CAD Department, State of Telangana, Secretariat Buildings, At Hyderabad.
• 2. The District Collector, Suryapet District, at Suryapet,
• 3. The Executive Engineer, Irrigation and Public health Department, Suryapet.
• The Deputy Executive Engineer, Moosi Project, Irrigation Department Suryapet, Suryapet District.
• The Commissioner, Suryapet Municipality, Suryapet, Suryapet District. (1 to 5 by RPAD- along with a copy of petition and affidavit)
• 6. One CC to SRI KOWTURU PAVAN KUMAR Advocate [OPUC]
• Two CCs to GP FOR IRRI AND COMM AREA DEV, High Court at Hyderabad. [OUT]
• 8. One spare copy

mvj

HIGH COURT

AAR,J

DATED:28/09/2022

Post on 28.10.2022

NOTICE BEFORE ADMISSION

WP.No.37895 of 2022

DIRECTION