Telangana High Court
D. K. Narayana Rao vs Smt Velagapudi Chinnaji on 4 November, 2022
Bench: Ujjal Bhuyan, C.V. Bhaskar Reddy
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
W.A.No. 1398 of 2018
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Ms. Kiranmayee, learned counsel for the appellant;
Mr. J.Raghava Chary, learned counsel appearing on behalf of
Mr. Rohit Pogula, learned counsel for respondents No.1, 2 and
3/writ petitioners; and Mr. Parsa Ananth Nageshwar Rao, learned
Government Pleader attached to the office of the learned Advocate
General representing respondents No.4 to 9.
2. Appellant was not a party to the proceedings in W.P.No.8050
of 2012. Therefore, he has filed an interlocutory application being
I.A.No.3 of 2018 seeking leave to file the present appeal against the
order dated 03.04.2017 passed by the learned Single Judge in the
related writ petition. By a separate order passed today, we have
allowed the said application and granted leave to the appellant to
file the present appeal.
3. The related writ petition was allowed by the learned Single
Judge vide the order dated 03.04.2017 by setting aside the letter
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dated 02.08.2011 of the District Collector, Hyderabad in so far it
directed Tahsildar, Shaikpet Mandal to erect Government sign
boards on the subject land.
4. This order of the learned Single Judge dated 03.04.2017 was
challenged by the State in W.A.No.1215 of 2017.
5. In the course of hearing of W.A.No.1215 of 2017,
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 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
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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
6. Thus, from the above, it is seen that State Government had
requested Commissioner of Greater Hyderabad Municipal
Corporation (GHMC) to release the final lay out in favour of
M/s. S.N. Mutually Aided Co-operative Housing Society Limited in
respect of the subject land.
7. In view of issuance of the above memo dated 10.01.2022,
learned Special Government Pleader representing the State
informed the Court that State would not pursue W.A.No.1215
of 2017. It was on that basis that the said appeal was closed
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without expressing any opinion on merit or otherwise on the memo
dated 10.01.2022.
8. Today also, we make it clear that if the appellant is aggrieved
by the memo dated 10.01.2022, it would be open to him to avail his
legal remedy. We express no opinion on the merit of the memo
dated 10.01.2022.
9. In the light of the above, this writ appeal is disposed of as the
present appeal arises out of the same order leading to W.A.No.1215
of 2017. No costs.
As a sequel, miscellaneous petitions, pending if any, stand
closed.
__________________
UJJAL BHUYAN, CJ
_______________________
C.V.BHASKAR REDDY, J
Date: 04.11.2022
LUR
