High Court · 2025
Case Details
Acts & Sections
Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to pass an order, or orders, direction or issue a writ more particularly Directing the respondents herein to one in the nature of writ of transfer the ownership of Meeseva Franchisee of Meeseva 'services vide No.TS- RFADO42 at Gudihatnoor of Adilabad District from the petitioner due to ill health to his own brother by named Bodke sainath, and consequently declare the action of respondents in not transferring the said Meeseva center to his brother B. Sainath is illegal, arbitrary violative of Article 14, 21 , of the constitution of lndia, consequentlY. lA NO: 1 OF 2025 Petition unde. Section 'l s1 cpc praying that in the circuprstances stated in the affidavit filed in support of the petition, the High court mav be pleased to pass an order directing the respondents herein to transfer the ownership of Meeseva Franchisee of Meeseva services vide No.TS-RF ADo42 at Gudihatnoor of Adilabad District from the petitioner to his own brother by named Bodke sainath by considering the representation given by the petitioner to the respondent No.2 dated. 20-12-2024, pending disposal of main v/rit petition, for the interest of justice. Counsel for the Petitioner: SRI S.CHANDRASEKHAR counsel for the Respondent No.1 & 2: AGp FoR INFORMATION TEcHNoLocy Counsel for the Respondent No.3 & 4: AGp FOR REVENUE The Court made the following: ORDER HON'BLE MRS ]USTICE SUREPALLI NANDA R PE o No 2 f 25 ORDER: Heard Sri S. Chandra Sekhar, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Information and Technology' appearing on behalf of respondent Nos-1 and 2 and learned Assistant Government Pleader for Revenue' appearing on behalf of respondent Nos'3 and 4'
2. The petitioner filed the writ petition seeking the following relief : "... to pass an order or orders direction 61 i55gg 3 writ more particularly one in the nature of writ of Mandamus directing the respondents herein to transfer the ownership of Meeseva Franchisee of Meeseva services vide No TS-RFAD042 at Gudihatnoor of Adilabad District from the petitioner due to ill health to petitioner's own brother by name Bodke Sainath and consequently declare the action of respondents in not transferring the said Meeseva Center in favour of the petitioner's brother Bodke Sainath, is illegal arbitrary violative of Articles 14' 21 of the Constitution of India consequently and pass "'
3. The case of the petitioner, in brief is that the petitioner is running Meeseva Center from 2O1B onwards' In the year 2022 2 SN, J wP 6827 2025 the petitioner made an application for change of location of the Meeseva Center from Mannur village to Gudihatnoor and accordingly respondent No.4 issued proceedings vide No KRRC/81/2022 by passing orders for changing the location of Meeseva Center from Mannur Village to Gudihatnoor. The petitioner further submits that the petitioner suffered ltrith Neuro and Spondylosis problems and decided to transfer the ownership of his Meeseva Center in favour of the petitioner's own brother Bodke Sainath. The petitioner submitted a representation to the respondent No.2 on 20.12.2024, another representaton dated
11.12.2024 to respondent No.3 and also other representatlon dated 12,L2.2024 to respondent No.4 seeking transfer of ownership of the said Meeseva center in favour of hisi brother. However, the same was not considered till date. t\ggrieved thereby the petitioner filed the present writ petition. 4 he lea rned Assist n P der for Revenue brinqs on record written instructions and the V rnm relevant oara s a re extracted hereunder: "Now the petitioner, Sri Bodke Jagan, S/o. Udhav, R/o. Mannur has filed a petition before l:he District Clollector on L1.12.2024 with a request to accord permission for handing over his Meeseva _i 3 SN, J wP 6827 2025 Centre VLE ID No' TS-RFADo42 at Gudihathnoor to his youngest Brother Bodke Sainath as he is unable to run the center due to ill health i'e' Neuro and SpondYlosis. In view of the above' the Petitioner Sri Bodke Jagan request cannot be considered due to he had not submitted any Medical reports of his ill-health' In view of the facts stated above' the Writ consideration and liable for Petition deserves no dism issa l. Hence it is prayed to dismiss the Writ Petition in the interest of justice"' Assistant Government Pleader for Revenue 5. The learned petitioner mainly contended that petitioner submits that the suffers from Neuro and Spondylosis and therefore, Petitioner ls vide No. TS-RFADO42 at unable to run the Meeseva Centre Gudihathnoor of Adilabad District and sought transfer of the same to his own brother by name Bodke Sainath' but however the petitioner failed to submit any medical repoi-t pertaining to ill-health.
6. The learned upon instructions Assistant Government Pleader for Revenue submits that upon the petitioner making a I I 4 SN, J '\ry 682't 2025 fresh petitio n;'a pp Iication duly enclosing all the medicirl reports pertaining to petitioner's ill-health, the request of the petitioner seeking transf,:r of Meeseva Centre vrde No. TS-RFI\Do42 at Gudihathnoor of Adilabad District from the petitioner tr: his own brother by name Bodke Sainath, would be considered by the competent au!:hority i.e. 3'd respondent herein, in accordance to law.
7. case, Takinq into onsideration: (a) The aforesaid facts and circumstances of the (b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Revenue, appearing on behalf of respondents, (c) The copy of the written instructions issued by the Respondent No.3 (referred to and extracted above), The writ petition is disposed of directing the petitioner to make a fresh application seeking transfer of the ownership of Meeseva Centre yr'de No. TS-RFADO42 at Gudihathnoor of Adilabad District from the petitioner to the petitioner's own brother by name Bodke Sainath duly i I 5 SN, J wP 682'7 2025 enclosing all the med'cal rePorts of the petitioner showing that the petitioner is suffering from Neuro and Spondylosis and therefore, petitioner is unable to run the said Meeseva Centre vide No' TS-RFADO42 at Gudihathnoor of Adilabad District' within a period of one (O1) week from the date of receipt of the copy of the order and upon the 3'd respondent receiving the said representation of the petitioner with all the relevant medical reports in support of the petitioner's case' the 3'd respondent is directed to consider the same in accordance to law and pass appropriate orders' within a period of two (2) weeks thereafter and duly communicate the decision on the said application/representation to the petitioner' However, there shall be no order as to costs' As a sequel, the miscellaneous petitions' if any pending, in the Writ Petition shall also stand closed ' SD/- P. PADMAN ABHA REDDY ASSI TANT REGISTRAR //TRUE COPY// SECTION OFFICER '"' i l!",ffi:ii'.'rfffti#i.,}rHi:iJrfl"3iflu# :::l-" fl: " ' lHo"i,T T?ii,?1?h!;-;t-oaao i I I 1 l I ! I l
8. The District Coilector, District Adilabad. The Tahsildar 13udihatnoor mandal, District Adilabad. One CC to SRt S.CHANDRASEKHAR, Advocate [OPUC] Two CCs to Gp FOR INFORMATIO. N TECHNOLOGY. Higr Court for the state of Tetanqana at HyderabiO tOUfj Iy3":rt:J?"fFlFoR REVENUE, High court for the State of retansana at Two CD Copies BSR d HIGH COURT DATED:0610312025 I ORDER WP.No.6827 of 2025 -.,1'1.a€- 5 |, .r1; o\' \\ irg,\. -'\. \.(1.\ I I /./,::' l, :) 1,,1 [] 7 r' ,t \'-,. \'.rr, \.o- 1" . 2C25 1 \ \ ,l -r' jr ..,,",' - ,)'' DISPOSING OF THE WRIT PETITION, WITHOUT COSTS