Vankudoth Naresh vs The State Of Telangana
2025 Latest Caselaw 891 Tel

Telangana High Court

Vankudoth Naresh vs The State Of Telangana on 7 January, 2025

     THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI

               WRIT PETITION No.517 of 2025

ORDER:

This writ petition is filed, under Article 226 of the

Constitution of India, seeking the following relief:

"...to issue any writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings vide Rc.No.GP/08/2024 dated 07.12.2024 issued by the 4th respondent denying to dispose of the representation dated 01.02.2023 for cancellation of H.No. 10-4-171/A allotted to the 5th respondent on the house owned by the petitioner constructed on the land to an extent of 1000 sq yards situated in Sy.No.137/10 in Ramanjaneya Colony, Panchayat Chunchupalli Village, and Mandal Bhadradri Kothagudem District as arbitrary, illegal, bad in law, violative of Article 14, 19 and 300A of the Constitution of India and consequently by setting aside the proceedings vide Rc.No.GP/08/2024 dated 07.12. 2024 issued by the 4th respondent further direct the respondent no.4 to pass orders on the representation dated 01.02.2023 by duly considering the explanation dated 24.10.2024 and pass..."

2. Learned counsel for the petitioner submitted that

respondent No.4 has passed the impugned order, dated

07.12.2024, by observing that he is not able to come to any

conclusion about the person, who is in possession of the

subject property, and he also relied upon the interim order

passed by the Sub-Divisional Magistrate and Special

Assistant Agent to Government (Mobile Court) at

Bhadrachalam. He further submitted that the Sub-Divisional

Magistrate and Special Assistant Agent to Government

(Mobile Court) at Bhadrachalam has disposed of the suit vide

O.S.No.90 of 2022, dated 16.11.2023, but the respondent

No.4 has not taken the same into consideration and a copy of

the same is also filed in page Nos.23 to 25 of the writ petition.

3. Learned Standing Counsel appearing for respondent

No.4 has sought time to get instructions in the matter.

However, this Court finds that respondent No.4 has not taken

into consideration the judgment in the said suit, but instead

relied upon the interim orders granted by the Court prior

thereto. Therefore, this Court deems it fit and proper to set

aside the impugned order, dated 07.12.2024 and direct

respondent No.4 to reconsider the issue and pass appropriate

orders thereon, within a period of four (04) weeks from the

date of receipt of copy of this order. Respondent No.4 shall

give fair opportunity of hearing to the petitioner as well as

respondent No.5 before passing the order.

4. In view of the above, this writ petition is allowed. There

shall be no order as to costs.

5. Miscellaneous petitions pending, if any, shall stand

closed.

____________________________ JUSTICE T. MADHAVI DEVI

Date: 07.01.2025 Note: Issue C.C.by 21.01.2025.

b/o.pss