✦ High Court of India · 19 Mar 2025

High Court · 2025

Case Details High Court of India · 19 Mar 2025
Court
High Court of India
Decided
19 Mar 2025
Bench
Not available
Length
1,123 words

Petition under Article 226 of the Constitution of lndia prayrng that in the filed therewith' the High Court may be circumstances stated in tn. "tfia"'it i writ' order or direction, more particularlv one in the nature of ;i;;;;'i;l;;r" Writ of Mandamus that tne i and 21 Respondents acts' as they ale !o-t Allotting adjaient to the' house LIG No 110' situated riirv pi""". J Ptot" ruo il ,i Virirv"t""gar, Nizamabad of the P;titioner on current market price as per G.O.Ms NO.38 O"teO go-s-isgz, r"v be declared as illegal, arbitrary and the Constitution of lndia and unconstitutional Ueing viotaivl oi n'ti"t"" 14, 21 'ot direct the Respondents N;.i 6 2 to sale of stray pieces of Plots No 23 and 24' ;;;;.;i1" th; house of r_iO *-O-r rO, situated at Vinayaknasar, Nizamabad to the Petitioner on current.rrxJt pti." is per GoMs Nb' ea Dated 30-5-1997 by said plots in favour of the 3rd and 4th canceting agreement "t Respondents, rurtner grani-a-ny ;"li;i "; the petitioner enti6ed, in the interest of natural iustice and equitY "i-tn" ^io-zq, ,"iJ l.A. NO:'l oF 2012(WPMP. NO: 236200F 20 121 Petitionundersectionl5lCPCprayingthatinthel]ircumstancesstatedin the affidavit filed in support of the petition, tne Hign Court r ray be pleased.to direct in" l"irna 2,d respondents not to execute registered t ale deeds of the stray pi."".- ot ptot. ruo. 23 and 24 adiacent to tne Lt ) 110 SITUATED AT vi."vrr..glr, Nizamabad_503003 in favour of the 3rd anl 4th respondents except thepetitioner,andpassrnyfrttn"'Ordersasthe.HonourrbleCourtmaydeemfit in the' circumJtances of the case till pendir g disposal of the Writ ""d'piop"t Petition in the interest of justice l.A. NO: 2 OF 20't2 WPMP. NO: 39180 0F 2012 PetitionunderSectionl5lCPcprayingthatintht:circumstancesstatedin the affidavit filed in support of the peiition' tfre Hign C;( urt may be pleased to receive the documents shown in the index separately l.A. NO:1 OF 2014(WVMP. NO : 1810 OF 20141 Between: Bamoala Linqaiah, S/o. Buchaiah Age.59 Years Ocr ' Retired Tahsildar' R/o il.r.iJE-s-rgt, Near Sumalatha Children Hospital I) varakanagar' Nizamabad -503001 AND 2 1 Smt. ANNAGOUD TEJASWINI, Wo SRINIVAS ' ff o,].. f,otO, H.N0.6-1 8-31 8, ADARSHNAGAR' Nizar "'PE'r THE VICE CHAIRMAN, A,P, HOUSING BOARD, GIi M.J.ROAD HYDEAABD, THE EXECITIVE ENGINEER, A,P. HOUSING BOA'i NIZAMABAD .5O3OO3 Bhuianoam, S/o Shankarappa Age 60. Yearg !9.11 Bonioaia Linqaiah S/o Buchaiah R/o. H.No 5-5-131' cniiireti uot"pital, Dwarakanagar, Nizamabad -503 : 4 3 ...PETITIONER ;OUD Age.26 Yrs, Occ rabad 503001 TIONER/RESPONDENT JHAKALPA II FLOOR. f, VINAYAKNAGAR, -.dak his GPA holder Near Sumalatha l1 ...RESPONDENTS PetitionunderSectionl5lCPCprayingthatinthscircumstancesStatedin the affidavit filed in support of the petition, the High Cou 1 may be pleased V-acate the interim orders d1.21_Od-2012 in w.P.M.. No.2362012012 in W.P.No.18451 t2012, and dismiss the above writ petition Counsel for the Petltloner: SRI' T ADITYA Counsel for the Respondent Nos.1&2: SRI C BUCHI REDDY(SC FOR THB & TSHCL) Counsel for the Respondent No.3: SRI S A K MYNUDDIN Counsel for the Respondent No.4: SRI VENKAT RAO PATIL The Court made the following: ORDER HON'BLE SRI JUSTICE K' LAKSII MAN UIRIT PETITION No. 1845 1 of2ttlz ORDER: Heard Mr'T'AditYa' learned cou t sel for the Iear ned Standing petitioner and Mr.C'Buchi ReddY' Counsel for resPondent Nos 1 arrd 2' 2. This Writ Petition is filed seekin 1 direction to resPondent Nos'1 and. 2 for sale of stra' pieces of Plot Nos.23 and' 24' adjacent to the house rf LIG No'110' i r the Petitioner situated at VinaYaknagar' Nizamabad, on current market Price as Per G.O.lr s.No.38, dated 30.05.1997, by cancelling the agreemer t of sale of the sale plots in favour of respondent Nos'3 : t-rd 4' 3. Learned counsel for the petitio :r and learned Stalding Counsel for respondent Nc s' 1 and 2 instructions proPerty 1n cancelled on , would submit that the allrr ment of the said favour of respondent N< s'3 and 4 was 06.05.2014 itself' This )ourt vide order 2 2l.O6.2ol2directed the respondents not to alienate the pieces of land in question in favour of the third Parttes' IibertY to the resPondents to This Court also granted negotiate with the petitioner for disposal of the said pieces of land' Learned counsel for the Petitioner brought to the the Government has issued (HB-II) DePartment' dated 4 notice of this Court that G.O.Ms.No'38 Houstng 30.05- 1997 for disposal of the said stray pleces Housing Board Lands to the adjacent land allottees' As per the said G'O'' the adjacent owners shalt be given first priority. Thereafter' vide G'O'Ms'No'6 Housing (HB-II) Department, dated 2g'O3'2O11 ' the Government has issued revised orders' revising the proceedings issued by the Government under G'O'Ms'No'38' dated 30'05'1997' In the said G'o'Ms'No'6' da ed Zglo3'2oll' the Government has mentioned the details of the said revised proceedings in tabular form' The said G'Os' are placed on I ecord:- J 5 2 Learned Standing Counsel for respon< ent Nos.1 and on instructions, would further submit that the said G.Os. are not aPPlicable to the case of the ' retitioner srnce the subject property is more than 2O0 squi re yards' ln the tight of the same' nothing rerrL rins in the Writ 6. Petition to adjudicate further and tht: cause in the present Writ Petition does not survive arr it has become infructuous. Therefore' this Writ Petitior is clismissed as infructuous.However,libertyisgrantectorespondent Nos.land2totakeaction,ifany,alresl'inaccordance with law. There shall be no order as to o() '1s' Miscellaneous petitions' if any' rending in this Criminal Petition, shall stand closed' /TTRUE COPY" \?i::,j'IiaxHFEF \, sEcrloN oFFlcER One CC to SRl. T ADITYA Advocate [OPUCI One CC to SRl. VENKAT RAO PATIL Advocate [r- 2UCl oneCCtoSRl.CBUcHlREDDY(SCFoRTHBSTSHCL)[oPUCl One CC to SRl. S A K MYNUDDIN Advocate [OFt C] Two CD CoPies To,

2. 2 4 5 KKS RS HIGH COURT DATED:19103t2025 ( Ttlf, i1-4 C(J 09 rrr 2m ,l) t I I -.{ 1t? ORDER WP.No.18451 of 2012 DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS * $

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