The State Of ... vs Smt. V. Chinnaji, Hyderabad, 4 ...
2022 Latest Caselaw 3967 Tel

Citation : 2022 Latest Caselaw 3967 Tel
Judgement Date : 29 July, 2022

Telangana High Court

The State Of ... vs Smt. V. Chinnaji, Hyderabad, 4 ... on 29 July, 2022

Bench: Ujjal Bhuyan, Surepalli Nanda

       THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                         AND
         THE HON'BLE MRS. JUSTICE SUREPALLI NANDA
                               W.A.No. 1215 of 2017
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)

        Heard Mr. Pasham Krishna Reddy, learned Special

Government Pleader attached to the office of the learned

Advocate General appearing for the appellants and Mr. Vedula

Srinivas, learned counsel appearing for Mr. C.M.Krishna,

learned counsel for respondents No.1, 2 and 3.

2. In this appeal, State of Telangana and its officials are the

appellants. They have filed the writ appeal against the order

dated 03.04.2017 passed by the learned Single Judge allowing

Writ Petition No.8050 of 2012 filed by respondents No.1, 2

and 3 as the petitioners.

3. The related writ petition was filed aggrieved by the

direction of the District Collector, Shaikpet Mandal (appellant

No.2) through letter dated 02.08.2011 to the concerned

Tahsildar (appellant No.3) to erect Government sign boards ::2::

etc., over the land admeasuring Acs.30.00 in Survey

No.327/Paiki correlated to T.S.Nos.1 to 4, Block-C, Ward

No.13 and T.S.No.10, Block-G, Ward No.13 of Shaikpet

Village and Mandal, Hyderabad District (briefly 'the subject

land' hereinafter).

4. By the order dated 03.04.2017, learned Single Judge

while allowing the writ petition, quashed such direction

besides directing the appellants not to interfere with the

possession and enjoyment of respondents No.1, 2 and 3 over

the subject land without following the due process of law.

5. In the course of hearing, we have been informed that

Government of Telangana in the Revenue (Assignment-III)

Department through the Chief Secretary has issued Memo

dated 10.01.2022 which reads as under:

The attention of the Commissioner, Greater Hyderabad Municipal Corporation and the District Collector, Hyderabad is invited to the references cited and they are informed that the ::3::

Government examined the representations of Smt.V.Chinnaji in the reference 3rd cited, in light of the opinion of the learned Advocate General dated:10.06.2019, 19.11.2019 and 28.11.2020 and the orders of the Hon'ble High Court in various cases in the matter.

2. Government, after careful examination of the matter, has considered the request of the petitioner not to interfere with their peaceful possession over the subject land in Sy.No.327 Paiki (old) and new Sy.Nos.602 & 605, correlated to T.S.No.1 to 4, Shaikpet Village & Mandal, Hyderabad District.

3. Accordingly, the Commissioner, Greater Hyderabad Municipal Corporation is requested to release the final layout in favour of M/s.Sakkubai Nagar Mutually Aided Co-operative Housing Society in the subject land, in compliance of the orders of Hon'ble High Court dated:10.04.2019 in W.P.No.11378/2019.

4. The Commissioner, Greater Hyderabad Municipal Corporation and the District Collector, Hyderabad are requested to take further necessary action, in the matter, accordingly.

SOMESH KUMAR CHIEF SECRETARY TO GOVERNMENT ::4::

6. From the above, it is seen that the State Government

has requested the Commissioner of Greater Hyderabad

Municipal Corporation to release the final lay out in favour of

M/s Sakkubai Nagar Mutually Aided Co-operative Housing

Society in respect of the subject land. He has also been asked

to take necessary action in this regard.

7. On 14.07.2022, Mr. Vedula Srinivas, learned Senior

Counsel for respondents No.1, 2 and 3 had submitted before

the Court that in view of the above decision of the

Government, nothing survives in the writ appeal.

8. Today, learned Special Government Pleader submits