✦ High Court of India · 29 Jan 2025

High Court · 2025

Case Details High Court of India · 29 Jan 2025
Court
High Court of India
Decided
29 Jan 2025
Length
1,431 words

17.Sri Dayakar Rao, S/o Sri Narasa Reddy, Aged 4g years, Or:cupation Advocate, resident of House No.9-147, Teachers Colony Adilabad Town, Adilabad District. (Respondent Nos16 and 17 are impleaded as per Court Order dated 07.11.2023 Vide lA No.2 of 2019 and lA No.2 ol 2021 respectively in WP(PIL) No.69 of 2018) .....RESPONDENTS Petition Under Article 226 ot the 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 directions, or issue a writ, more particularly in the nature of writ of Mandamus (i) Direct the central Bureau of Investigation to co nduct a detailed enquiry in relating to the Government Land Scan worth more than 200 crores situated in sy.No.l pf Bhuktapur village, Revenue Mandal l\dilabad, District Adilabad (ii) take appropriate criminal action against officials and non officials, who ever actively involved in the above said land scam (iii) Direct the official respondents to resume the government land to the extent of 5-30 i3ts in sy.No.1 of Bhuktapur village, Revenue Mandal and District Adilabad, vrhich was in illegat possession of partners/family members of partners of M/s l\Iathura Ginning and pressing Factory and also from the possession of ther purchasers who purchased the said tand without valid registered documents from Bajaj lnternational Limited and as; well as M/s Mathura Ginning and Pressing Factory, etc. (iv) it is further prayed that this Hon'ble High court nay Kindly be pleased to Recall the order passed by this Hon'ble Division Bernch In wp No 1440g of 2oo4 Dated 27t10/2o04 for reason of playing fraud in obtaining the said order for illegally protecting the interest of respondent No.6- |.A.NO:1 OF 201 8 Petition under Section 15i cpc praying that in the circumr;tances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the official respondents to stop the further alienations and resume the government land to the extent of 5 acres 30 guntas situated in sy.No.1 of Bhuktapur village, Revenue Mandal Adilabad, District Adilabad, pending disposal of main Writ Petition, in the interest of Justice. |.A.NO:1 OF 2019 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 respondent 4,5 and B herein to stop all further constructions in the subject land i.e. 5 acres 30 guntas in Sy.No.1 of Bhuktapur village, Revenue Mandal & District Adilabad, pending disposal of main writ Petition (PlL).No.69 of 2018. t.A. NO:1 OF 2021 Petition under section 151 CPC praying that in the circumstances stated intheaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedto receive the following additional material papers i.e. (i) certified copy of sale Deed Dated: 20-1-2021 issued by Mee Seva and (ii) certified copy of Reconveyance Deed of Mortgage Property DaIed: 2O'1-2021 issued by Mee Seva, in thd above said case, for the interest of Justice' Counsel for the Petitioners : SRI P.VENU GOPAL, SENIOR COUNSEL APPEARS FOR SRI S.CHANDRA SHEKHAR Counsel forthe Respondent Nos.1, 3 to 6 & 9 : SRI MURALIDHAR REDDY KATAM, LEARNED G.P FOR REVENUE counsel for the Respondent No.2 : G.P FoR MUNICIPAL ADMINISTRATIoN AND URBAN DEVELOPMENT Counsel forthe Respondent Nos.7 & 8 : SRI N'PRAVEEN KUMAR Gounsel for the Respondent No.1O : SRI VEDULA VENKATARAMANA Counsel for the Respondent No.11 : Ms. VEDULA CHITRALEKHA Counsel forthe Respondent Nos.12, 13 & 16 : SRI R'N'HEMENDRANATH REDDY, LEARNED SEUION COUNSEL APPEARS FOR SRI LOHIT SANNAPANENI Counsel for the Respondent Nos.14 & 15 : SRI T'SRUJAN KUMAR REDDY The Court made the following ORDER l' THE HON'BLE THE ACTING CHIEF JUSTICE SUJO]' PAUL AND THE HON'BLE SMT. JUSTICE RENUKA YAR.6. WRIT PETITION (PILI No 69 of2Ol8 ORDER: (Per the Hon'ble the Acting Chief Justice Sujog Paul) Sri P.Venu Gopal, learned Senior Counsel etppears for Sri S-Chandra Shekhar, learned counsel for the petitioners; Sri Mura,lidhar Bsr ly. Katam, Iearned Government Pleader for Revenue, for respondent Nos.1 to 6, Sri Vedula Srinivas, lealned Senior Counsel appe{x's for Ms.Vedula Chitralekha, learned counsel for respondent No. 1 1, Sri R.N.Hemendranath Reddy, lealned Senior Counsel appears for Sri Lohil Sannapaneni, learned counsel for respondent Nos.13 and 16 and Sri T.Srujan Kumar Recldy, learned counsel for respondent Nos.14 and 15.

2. With the consent, finally heard.

3. Learned counsel for the parties, inciuding the learned Senior Counsel for the petitioners, fairly submitted that the subject matter and the relief claimed in this petition was also the subject matter of previous petiti,on i.e., WP.No.144O8 of 2OO4 filed at the instance of an Advocate. The said Writ Petition was dismissed on 27.10.2004 and \ in the absence of any challenge to the said order, the order has attained finatity. Learned Senior Counsel for the petitior.ers submits that I.A.No.3 of 2018 frled in the present writ petition rvas allowed, 2 whereby the present petitioners are permitted to amend the pleadings/relief. One of the amended reliefs was to 'recall the order passed in WP.No. 14408 of 2004, dated 27 . IO.2024." 4 Heard learned Senior Coirnsel for the petitioners at length.

5. Learned Senior Counsel for the petitioners is unable to show any provision pursuant to which the order passed in different writ petition i.e.,WP.No. 144O8 of 2OO4 can be recalled in the present writ petition. In the absence thereof, we frnd no reason to deviatb from the view taken in WP.No. 144O8 of 2OO4. More so, it is an admitted fact between the parties that the grievance and the relief claimed in this writ petition is identical to that of declined in WP.No.14408 of 2OO4. Thus, there is nothing remains to be adjudicated in this matter, in view of order passed in WP.No. 14408 of 2004.

6. Accordingly, the Writ Petition is dismissed. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. To //TRUE COPY// SD/-A.V.S. PRASAD ASSISTANT REGISTRAR CTION OFFICER

1. Two CCs to GP FOR REVENUE, High Cou( for the State of Telangana at Hyderabad. [OUT]

2. Two CC's to G.P FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, High Court for the State of Telangana at Hyderabad. [OUT]

3. One CC to SRI S.CHANDRASEKHAR, Advocate TOPUCI 4. One CCs to SRI MURALIDHAR REDDY KATAM, Advocate (OPUC) 5. One CC to SRI N.PRAVEEN KUMAR, Advocate (OPUC)

6. One CC to SR.l VEDULA VENKATARAMANA, Advocate (OPL,C) 7. One CC to IVls. VEDULA CHITRALEKHA, Advocate (OPUC) 8. One CC to SR.l LOHIT SANNAPANENI, Advocate (OPUC) 9. One CC to SR.l T.SRUJAN KUMAR REDDY, Advocate (OPUC) 10.Two CD Copries SA BS \.y- HIGH COURT DATED:2910112025 \ \ ORDER wP(PlL).No.69 of 2018 1 6f S-TA rc: </ 't d zaFEB 2025 l !E'r parc\ C. ,ts .rt t DrsMrssrNG THE W.P (PtL) WITHOUT COSTS. \\^ .r(o* \crr a<^P

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