✦ High Court of India · 24 Jan 2025

High Court · 2025

Case Details High Court of India · 24 Jan 2025

Mohammed Rafi, S/o.Chinna Badullah Aged about 48 years, Occ. Doctor Fl/o. Plot No.4, Madhura Nagar Near lClCl ATM, Beeramguda' Ameenpur Municipality Ameenpur Mandal, Sangareddy District, TS Sri l\Iddhu;udan Kumar, S/o. Sri Jawaharlal, Aged about 39 years, Occ. Business R/o.PL-85/87-Part FL-G1/G2, Rudra Sai Residency, Near Krishna Reddv Sweet Shop, Kistareddypet Gram Panchayat, Ameenpur Mandal, Sanoireddv District. Telanqana State Sri "Podala'i<uri Kalyan, S7o. Sri Srinivasulu Aged about 41 years, -Occ. Business R/o. H No.233, Durga Nagar Kistareddypet Village and Gram Panchayat,AmeenpurMandal,SangareddyDistrict ...'ETIT.ONERS AND

1. The State of Telangana, Rep. by its Principal Secretary, tnform-ation and Technology Department, Dr. g.R. Ambedkar Telangana State Secretariat Buildinos. Hvderabad

2. The TeTangdna State lnformation Commission, Rep by its C^hief lnformation Commissidner Samachara Hakku Bhavan D No 5-4-399 4 Storied Commercial Complex HB Building, Mojarn Jahi tvlarket, Hyd-e1qb.ad -.0!]. 3. The Appellate Authority under RTI Act, 2005 Ttre Revenue Divisional Ofticer

4. The Public lnformation officer Under RTI Act 2005, Deputy Tahsildar, O/o. RDO, Sangareddy Division, Sangareddy District Ameenpur O/o The Tahsildar, Ameenpur, Sangareddy O't,llf[=rrO*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 particularly one in the nature of wRlT oF MANDAMUS declaring the inaction of the 4th respondent in not furnishing the information regarding sy No.164 situated at Kistareddypet village and Gram Panchayat, Ameenpur Mandal, sangareddy District and not considering the applications filed by the petitioners under RTI Act,2005 daled 1711012024 even after 95 days and also questioning the inaction of 3rd respondent in not considering the appeal filed under sec.19 of RTI Act, 2005 is illegal, arbitrary, contrary to law and in violation of provisions of RTI Act, 2005 and also in violation of Articles 14 and 300-4 of Constitution of lndia and consequently direct the respondent Nos.3 and 4 to furnish the information sought by the petitioners vide application daled 1711O12O24 under RTI Act, 2005. lA NO: 1 OF 2025 .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 4th respondent appellate authority tb consider the appeal filed under Sec.19 of RTI Act, 2005 and consequently direct the 3rd respondent to furnish the information sought by the petitioners vide application dated 1711012024 under RTI Act, 2005, pending disposal of the Writ Petition. Counsel for the Petitioners: SRI G.NARENDER REDDY Counsel for the Respondent Nos.1 & 2: GP FOR INFORMATION TECHNOLOGY Counsel forthe Respondent No.3: GP FOR REVENUE Counsel for the Respondent No.4: GP FOR GENERAL ADMINISTRATION The Court made the following: ORDER HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.1927 of 2o25 ! ORDER: The case of the petitioners, as per the writ affidavit precisely, is that they are owners and possessors of plot Nos.92, 74 and 90 in survey Nos.165 and 166 situated at Sri Krishna Nagar, Kistaredypet Gram Panchayat, Ameenopur Manda,l, Sangareddy District, and they have obtained necessary building permissions from competent authorities and has made constructions

2. Heard learned counsel for the petitioner and learned Government Pleader for General Administration Department. Perused the record.

3. It is the case of the petitioner that basing on 3.d party complaint stating that the petitioners have encroached survey No.l64 which is stated to be government lands, respondent No.4-Tahsildar, without issuing any notice to the petitioners carne over to the site of the petitioners and demolished the brick wall. Thereafter, the Tahsildar issued notice dated O2.O4.2O24 under Section 7 of the Land Encroachment Act, to which petitioner submitted their representation stating that the petitioners have not 2 encroached survey No. 164 (government land) an4 requested to withdraw the notice. However, the Tahsildar \ \ issued notice under Section 6 of the Land Encroachment Act giving 48 hours time to the petitioners. It is alleged that hydra along with Tahsildar came with bulldozer to the site of petitioners and started demolishing the hospital building of the petitioners causing huge loss of Rupees frve crores to the petitioners without following procedures and the provisions under Land Encroachment Act. Petitioner filed a complaint under Section 6(1) of RTI Act on

17.1O.2024 to respondent No.4-Deputy Tahsildar, Ameenpur and PIO requesting to furnish information regarding S.No.164 situated at Kishtareddypet Village and Gram Panchayat, Ameenpur Mandal, Sangareddy. However, the information was not furnished though 95 days have' lapsed. Petitioner therefore approached 3'd respondent RDO. However, there is no response. Aggrieved thereby he filed this writ petition.

4. Considering the nature of grievance of the petitioner, that his application under RTI Act is still pgnding with the authorities, this Court directs respondent No.3-RDDO, Appellate authority to furnish the information sought for in J the RTI Application dated 17. IO.2O24 within two weekS from the date of receipt of a copy of this order. 5. Accordingly, this writ petition is disposed of. No

6. Consequently, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. //TRUE COPY// SD/. P. PADMANABHA REDOY GISTRAR DEPUTY T SECT OFFICER The Principjrl Secretary, lnformation and Technology Department, Dr. B.R. Ambedkar Telangana State Secretariat Buildings, Hyderabad, State of Telangana The Chief lnformation Commissioner Samachara Hakku Bhavan D No 5-4- 399 4 Storied Commercial Complex HB Building, Telangana State lnformation Comrnission, Mojarn Jahi Market, Hyderabad - 001 The Appellate Authority under RTI Act, 2005 The Revenue Divisional Officer O/o RDO, Sangareddy Division, Sangareddy District The Public lnformation officer Under RTI Act 2005, Deputy Tahsildar, Ameenpur O/o The Tahsildar, Ameenpur, Sangareddy District One CC to SRI G.NARENDER REDDY, Advocate [OPUC] Two CCs to GP FOR INFORMATION TECHNOLOGY, High Court for the State of Telangana, at Hyderabad. [OUT] Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CCs to GP FOR GENERAL ADMINISTRATION, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies To

4. E

9. PSK. GJP 'i u l-4 .-, \ i -, \-\t ;)2. i I\ c.ii'I HIGH COURT DATED:2 410112025 .r- ORDER WP.No.1927 ot 2025 \t ':-. \i,- ( -., \] .$ ,-, -l :), DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1," l'1ll"-

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