Telangana High Court
Sramika Karamika Samakhya Trade Union ... vs The Government Of Andhra Pradesh, ... on 19 March, 2024
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY SIXTH DAY OF OCTOBER
TWO THOUSAND AND NINE
:PRESENT:
THE HON'BLE SRI JUSTICE GODA RAGHURAM
and
THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN
WRIT PETITION NO : 25783 of 2008 and WRIT PETITION NO.21139/2009
WRIT PETITION NO : 25783 of 2008
Between:
M/s.Riksha karmika Samakhya,Regd.No.H-74,rep.by its State General Secretary Sr
i Sampathi Stalin, R/o.H.No.4-41-143,Papi Reddy Nagar,Jagdir Gutta
Balanagar,Hyderabad
..... Petitioner
AND
1 The District Collector and Magistrate,Medak District at Sangareddy
2 The Revenue Divisional Officer, Sangareddy,Medak District
3 The Tahsildar, Patancheru,Medak District
4 The Revenue Inspector,Patancheru,Medak District
5 The Superintendent of Police,Medak District at Sangareddy
6 The Inspector of Police,Patancheru Police station Medak District
7 A.Anthi Reddy S/o.Narayana Reddy, R/o.Rameshwaramband,Indiresham Gram
Panchayat ,Patancheru,Medak District
8 M.Venkatesh ,
R/o.Plot No.40,Model colony,Near ESI Hospital Yerragadda,Hyderabad
9 N.Sharath Babu ,Sr.Manager (Admin)
TCI Constructions Ltd., D.No.8-3-302/D/2, Maruthinagar, Srinagar colony,Road
Junction, Yousufguda, Hyderabad-045
10 Pusala Srinivas ,Sub-contractor,
R/o.H.No.14-15, Sriramnagar colony ,A.D.A.Patancheru, Medak District
11 Kuncham Anjaneyulu , Sub-contractor,
R/o.H.No.10-148, Ambedkhar nagar Patancheru, Medak District
12 Ramanaiah , Sub-contractor,
R/o.Weakers Section colony, Rameswaramband Indiresham Gram
panchayat,Patancheru, Medak District
13 Sivaiah, Sub-contractor,
R/o.Weakers Section colony, Rameswaramband Indiresham Gram
panchayat,Patancheru, Medak District
14. The Commissioner of Greater Hyderabad Municipal Corporation at Tank Bund,
Hyderabad.
(R-14 is impleaded as per court order dt.27-2-09 in WPMP.NO.5136/2009)
.....Respondents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the Affidavit filed herein the High Court may be pleased to
issue a writ of mandamus or any other writ order or a direction more in the nature of
mandamus directing the respondent No.1 to 6 to initiate action against Respondent
No.7 to 13 not to indulge in any construction work, in the plots allotted to the workers
in Survey No.47 situated in RameshwaramBanda,Indiresham gram panchayat,
Patancheru Mandal, and stop all the encroachments .
Counsel for Petitioners: SRI,D.SURESH KUMAR
Counsel for Respondents 1 to 4: GP for Revenue
Counsel for Respondents 5 to 6: GP for Home
WRIT PETITION NO : 21139 of 2009
Between:
1. Sramika Karamika Samakhya Trade Union (SKSTU) Represented by its
Weaker Section Clony Secretary D.Veeraiah, Plot No: 104, Weaker
Section Colony, Rameswaram Banda Village, Patancheru
Mandal, Medak District.
2. Sramika Mahila Sangam, Represented by its Weaker Section Colony Unit
President Chenna Balamma W/o. Bala Chandraiah, Plot No: 303,
Weaker Section Colony, Rameswaram Banda Village, Patancheru
Mandal, Medak District.
..... Petitioner(s)
AND
1. The Government of Andhra Pradesh, Represented by Principle Secretary
to Revenue Department, Secretariat, Hyderabad.
2. The District Collector, Sangareddy, Medak District.
3. The Superintendent of Police, Sangareddy, Medak District.
4. The Tahsildar, Patancheru Mandal, Patancheru, Medak District.
5. The Station House Officer, Patancheru Police Station, Patancheru, Medak
District.
6. Village Secretary, Rameswaram Banda, Indresam Gram Panchayat,
Patancheru Mandal, Medak District.
7. The Commissioner, Greater Hyderabad Municipal Corporation, Liberty,
Tank Bund, Hyderabad.
8. TCI Construction Limited, represented by its Sr. Manager (admn) N.Sarath
Babu
8-3-302/D/2, Maruthi Nagar, Srinagar Colony Road, Yousufguda,
Hyderabad - 500045.
9. The Project Director, Outer Ring Road Project, Tarnaka, Hyderabad.
10. Gudem Mahipal Reddy ,Realtor, Near Rukmini Theatre, Gonemma Basthi,
Patancheru, Medak District.
.....Respondents
Petition under Article 226 of the constitution of India praying that in the
circumstances stated in the Affidavit filed herein the High Court may be pleased to
issue a writ, order or direction more particularly one in the nature of Writ of
Mandamus declaring the action of the official respondents in not reacting on the
representations of the petitioners and despite their legitimate rights over the land that
allotted by the Respondent No.2 for house site Plots for 1300 weaker sections
represented by Petitioners are not protected and in contrary to law permitting the
Respondent No.8 to occupy and illegally raising multi story Constructions on the
land in S.No.47 & 88 Weaker Section Colony, Rameswaram Banda, Indresam,
Patancheru Mandal, Medak District admeasuring 42 acres of Government land and
also allowing the illegal digging, removing, transportation and selling of soil by land
grabbers like Respondents No.10 without any permission is totally illegal,
completely unlawful and highly arbitrary and in violation of Article 14 and 21 of
Constitution of India besides being violative of Principles of natural justice
consequently direct to stop the constructions of Respondent 8 and also land digging,
removing, transportation and selling of soil by Respondent No.10 and other land
grabbers and evict them all from the land allotted to the poor for residential house
sites in S.No.47 & 88 Weaker Section Colony, Rameswaram Banda, Indresam,
Patancheru Mandal, Medak District admeasuring 42 acres of Government land
further take steps to protect 1300 house site allottees and their land and also take
action on those official and unofficial respondents as per law.
Counsel for Petitioners: SRI,D.SURESH KUMAR
Counsel for Respondents 1 ,2 & 4: GP for Revenue
Counsel for Respondents : 3 & 5 GP for Home
Counsel for Respondent No.6 : Sri G.Elisha
Counsel for Respondent No.7 :Smt Kalpana Ekobote
Counsel for Respondent No.9 : Sri U.Raja Gopal
The Court made the following ORDER:
"The learned Standing Counsel for the GHMC Smt.Kalpana Ekbote
states that the Chief Public Relations Officer of the GHMC would file an
affidavit explaining the circumstances in which the letter dated 21-01-2009 has
been issued stating that the GHMC is not at all concerned with the land in
Sy.Nos.47 of Rameswaam Banda, when the documents produced by the
learned Standing Counsel today disclose that GHMC was put in possession of
this land as early as in 2008 and an agreement was also entered into between
the GHMC and TCI, a private firm, for construction of houses in the land in
question, in the particular context of the letter by the Chief Public Relations
Officer having been addressed to the petitioner in response to the information
sought under the RTI Act, 2005.
The learned Government Pleader for Revenue undertakes to have an affidavit
filed by District collector, Medak setting out the processes by which persons
displaced from occupation of the road margins of National High way No.9 were
identified, the number of such displaced persons who were rehabilitated in
Sy.Nos.47 and 88 of Rameswaram Banda and whether the ,members of the
petitioner-society include such identified displaced persons and /or include
others as well.
List next week."
ASSISTANT REGISTRAR
// TRUE COPY //
for ASSISTANT REGISTRAR
To
1. The District Collector and Magistrate,Medak District at Sangareddy
2. The Revenue Divisional Officer, Sangareddy,Medak District
3. The Tahsildar, Patancheru,Medak District
4. The Revenue Inspector,Patancheru,Medak District
5. The Superintendent of Police,Medak District at Sangareddy
6. The Inspector of Police,Patancheru Police station Medak District
7. A.Anthi Reddy S/o.Narayana reddy, R/o.Rameshwaramband,Indiresham
Gram Panchayat ,Patancheru,Medak District
8. M.Venkatesh , R/o.Plot No.40,Model colony,Near ESI Hospital
Yerragadda,Hyderabad
9. N.Sharath Babu ,Sr.Manager (Admin) TCI Constructions Ltd., D.No.8-3-
302/D/2, Maruthinagar, Srinagar colony,Road Junction,
Yousufguda, Hyderabad-045
10. Pusala Srinivas ,Sub-contractor, R/o.H.No.14-15, Sriramnagar colony
,A.D.A.Patancheru, Medak District
11. Kuncham Anjaneyulu , Sub-contractor,R/o.H.No.10-148, Ambedkhar nagar
Patancheru, Medak District
12. Ramanaiah , Sub-contractor, R/o.Weakers Section colony,
Rameswaramband Indiresham Gram panchayat,Patancheru, Medak
District
13. Sivaiah, Sub-contractor, R/o.Weakers Section colony, Rameswaramband
Indiresham Gram panchayat,Patancheru, Medak District
14. The Commissioner of Greater Hyderabad Municipal Corporation at Tank
Bund, Hyderabad.
15. The Principle Secretary to Revenue Department,Government of Andhra
Pradesh, Secretariat, Hyderabad.
16. The Station House Officer, Patancheru Police Station, Patancheru, Medak
District.
17. Village Secretary, Rameswaram Banda, Indresam Gram Panchayat,
Patancheru Mandal, Medak District.
18. TCI Construction Limited, represented by its Sr. Manager (admn) N.Sarath
Babu 8-3-302/D/2, Maruthi Nagar, Srinagar Colony Road,
Yousufguda, Hyderabad - 500045.
19. The Project Director, Outer Ring Road Project, Tarnaka, Hyderabad.
20. Gudem Mahipal Reddy ,Realtor, Near Rukmini Theatre, Gonemma Basthi,
Patancheru, Medak District..(BYRPAD)
21. One spare copy
22. One CC to SRI D.SURESH KUMAR,advocate (OPUC)
23. Two CCs to the GP for Revenue, High Court of AP.,HYD(OUT)
24. Two CCs to the GP for HOME, High Court of AP.,HYD(OUT)
KHB
HIGH COURT
GR,J
&
RR,J
DATED:26-10-2009
LIST NEXT WEEK
ORDER:
WP.25783 OF 2008 & WRIT PETITION NO.21139/2009 DIRECTION KHB' DRAFTED ON:17-3-2009 HIGH COURT GR,J & RR,J DATED:26-10-2009 LIST NEXT WEEK ORDER:
WP.25783 OF 2008 & WRIT PETITION NO.21139/2009 DIRECTION