'1. Thumkunta Chandraiah v. The Special Chief Secretary
Case Details
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Petition under Article 226 o'f the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate writ, order or direction, Preferable a writ of mandamus, declaring the action of Respondent No.4 in not considering the Petitioners objection application dated 2411212024 to the gazette notification bearing Gazette No. MMD-08, dated 2411012024 vide. LAO No. C/97lThumkunlal2024 vide file NO. G2l781l2}24nhumkunta, issued by Respondent No.4, with respect to subject property bearing in survey no. 87 to an extent 0.39 gts., bearing House No. 4-65, House No. 4-67, House No. 4-68 situated at Thumkunta Village and Municipality, Shameerpet Mandal, as illegal, arbitrary, unconstitutio na I and violation of Articles 14, 19 and 21 and violation of Principles of Natural Justice, consequently direct the Respondent No.4 to consider the Objection Application dated 2411212024, issued by Petitioner before proceeding with the land acquisition pertaining to subject property in survey no.87 to an extent 0.39 gts., bearing House No. 4-65, House No. 4-67, House No. 4-68 situated at Thumkunta Village and Municipality, Shameerpet Mandal. lA NO: 1 OF 2025 Petition under Section 15'1 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 not to dispossess the Petitioners herein from the subject property in survey no. 87 to an extent 0.39 gts., bearing House No. 4-65, House No. 4-67, House No. 4-68 situated at Thumkunta Village and Municipality, Shameerpet Mandal. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petrtion, the High court may be pleased to direct the Respondents not to interfere with the peaceful Possession of the petitioners herein in the subject property in survey no.87 to an extent 0.39 gts., bearing House No. 4-65, House No. 4-67, House No. 4-63 situated at Thumkunta Village and Municipality, Shameerpet Mandal, pending consideration of the objection application dated 2411212024 to the notification bearing Gazette No. IvIMD-08, dated 2411012024 vide LAO No. C/97/Thumkuntat2}24 vide fite NO. G2l7B1 l2024fihumkunta, issued by Respondent No.4. Counsel for the Petitioner: SRI P. SATHWIK REDDY Counsel for the Respondent Nos.1,2,4 to 7: SRI M.B. NlTlSH, Counsel for the Respondent No.3: SRI V. NARASIMHA GOUD, SC FOR HMDA The Court made the following: ORDER AGP FOR REVENUE T TIONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR U/RIT PETITION No.14399 of2o25 ORDER Heard learned counsel for the petitioners and Sri.M.B.Nitish, learned Assistant Government Pleader for Revenue appearing for respondent Nos.l, 2, 4 to 7, and Sri.V.Narasimha Goud, learned standing counsel for HMDA appearing for respondent No.3. With the consent of the parties, this writ petition is being taken up for disposal at the stage of admission itself.
2. This writ petition has been hled seeking the following prayer:- "to declare the action of Respondent No.4 in not considering the Petitioners objection application dated 24.12.2O24 to the gazette notification bearing Goz,ette No.MMD-O8 dated 24.10.2024 uide LAO No.C/ 97/ Thumkunta/ 2024 uide file No. G2/ 781/ 2024/ Thumkanta, issued by Respondent No.4, utith respect to subject propertA beaing in Suruey No.87 admeosuring to on ertent of O.39 gts., situated at H.Nos.4-65, 4-66, 4-67 at Thumhtnta Village and Municipality, Shameerpet Manda| as illegal, arbitrary, unconstitutional and uiolation of Articles 14, 19 and 21 and uiolation of Principles of Natural Justice consequentlg direct the Respondent No.4 to consider the Objection Applicotion dated 2
24.12.2024 issued by Petitioner beJore proceeding utith the land acquisition pertaining to subject propertA.' -
3. Though various ground are raised in this writ petition, learned counsel for the petitioners restrict his prayer seeking a direction to respondent authorities to consider the petitioners, representation/objection dated 24.12.2024, before taking further action on the land acquisition proceeding and pass orders in a time bound period. that if
4. Learned counsel appearing for respondents submits the petitioners' representation/objection dated 24.1*2024 is. sjill pending for consideration; the respondent authorities may be directed to dispose of the said representations and pass appropriate orders in accordance with law.
5. In view of the submission made by learned counsel on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of directing the respondent authorities to dispose the petitioners, representation/ objection dated 24.12.2024 and pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably within a period of three (03) 3 weeks from the date of receipt of copy of this order and communicate the same to the petitioners. It is made clear that till the disposal of the petitioners' representation/objection d.ated 24.12.2024 , ttle respondent authorities are directed not to take further action on the land acquisition proceeding'
6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As sequel to it, Miscellaneous Petitions, if any pending, shall stand dismissed. //TRUE COPY// SD/- T. TIRUMALA DEVI DE UTY REGISTRAR SECTION OFFI CER The Soecial Chief Secretary, Revenue^D^gP^lrtment' State of Telangana' Secretariat, Hyderabad, Telanoana - 5uuvzz [o'ii"it"tt'tion'.oJfice of CCLA' Nampally The Chief Commissioner "tt'Yt? Station Road, opp. nnnapur-#'iloi"i' uvo"'"uto '. rhe Commissioner HMDA o+il, 'i;i;i;6a-o tr'leiropolltZn Development Authoritv' Tarnaka' The Disirict Collector, , Med Anthaipally Village, sname#Eirt'r'noii'"nlleochal - Malkaigiri District' Telandana - 500078 nZi"X,i"'bi"i.iJiriom""'., Keesara Division' Telangana' The Land Acqusition otticer''tr"eiliar -'rt'taLijsi'i oiitrict District office comolex. Anthaipallv virrag;,'"sililEl'dlitrraiiija' uledchal - Malkajsiri '"'tnnulflr, - Malkaiqiri District' District office complex' Telanoana - 500001 iliitl**f ixutr,fl:luruwg*:'*r**::::i:::::::n"" Hvderabad [OUTI ij'.:'#i,; S;V.'Narasimha Goud' SC for HMDAIoPUCI Two CD CoPies To,
2. J.
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10. 11. TJ GJP HIGH COURT DATED:1010612025 ORDER WP.No.14399 of 2025 itiE s{ ^ti {' ,1'{*'f' ./, -\ ,,\q. o ,-+ * J2 JUII m {' /-4 t CHeO 6'(' DISPOSING OF THE WRIT PETITION WITHOUT COSTS b