LAWS(TLNG)-2023-4-104

SEELAPAKA SHYVALINI Vs. STATE OF TELANGANA

Decided On April 06, 2023
Seelapaka Shyvalini Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) The Writ Petition is filed seeking writ of mandamus to declare the action of respondent No.3 in passing an impugned order dtd. 5/8/2022 in O.S.No.138 of 2017 in pursuance of the scheduled property house bearing no.6-74/A to an extent of Ac.0.06 guntas along with vacant place situated at Sampath Nagar Village of Gangaram Gram Panchayat, Tekulapalli Mandal, Bhadradri Kothagudem District, Telangana State as illegal, ex-facie, arbitrary, discriminatory, unjust, unfair, unreasonable, irrational, inequity, unlawful, unconstitutional, perverse, mockery and against the principles of natural justice.

(2.) Heard Sri Chikkudu Prabhakar, learned counsel representing Sri G.Naresh Kumar, learned counsel for the petitioners, learned Assistant Government Pleader for Tribal Welfare appearing for respondents No.1 to 4, learned Assistant Government Pleader for Revenue appearing for respondent No.5 and Sri D.Ramesh, learned counsel appearing for respondent No.7.

(3.) Learned counsel for the petitioners submits that respondents No.6 to 8 filed O.S.No.138 of 2017 on the file of respondent No.3 for grant of perpetual injunction restraining the petitioners from interfering with the suit schedule property i.e., house bearing (old) No.8 and new house bearing No.6- 74/A to an extent of Ac.0.06 guntas along with vacant place situated at Sampath Nagar Village of Gangaram Gram Panchayat, Tekulapalli Mandal, Bhadadri Kothagudem District. Respondent No.3, without giving proper opportunity to the petitioners, passed the impugned judgment dtd. 5/8/2022 and the same is in clear violation of principles of natural justice.