IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Anil Kumar Jukanti
Maddipatla Chakravarthi – Appellant
Versus
Petitioners 4and5 Are Residing At USA., REP.GPA Holder – Respondent
| Table of Content |
|---|
| 1. legality of tender notice challenged (Para 1 , 3 , 4) |
| 2. personal claims on tank ownership (Para 5 , 6 , 9) |
| 3. inquiry on tender notice validity (Para 10 , 11 , 12 , 14) |
| 4. doctrine of public trust applied (Para 17) |
| 5. court orders public interest protection (Para 18 , 19) |
ORDER :
Anil Kumar Jukanti, J.
This Writ Petition is filed seeking the following relief:
“…to issue an appropriate writ, order or direction, particularly one in the nature of Mandamus, declaring the Tender Notice No.53/2014-15 dated 12.3.2015 issued by the 1st respondent herein inviting tenders from Contractors/Contracting Firms/Companies registered with Government of Telangana/with Government of Andhra Pradesh registered before 02.06.2014 for restoration of Bandi Kunta Tank, Pedda Korukondi village, Kalluru Mandal, Khammam District under Mission Kakatiya Scheme, as illegal, arbitrary, unreasonable, without jurisdiction, without authority of law and also violative of Order dated 17.07.2013 in 1.A.No.608 of 2013 in C.M.A.No.13 of 2013 on the file of the court of the Special Sessions Judge for Trial of Cases under SCs and STs (POA) Act 1989-cum-Additional District Judge at Khammam and also violative of A
The court upheld the public trust doctrine emphasizing that water bodies must be preserved for public good, ruling that governmental actions should respect private ownership without compromising publ....
The main legal point established in the judgment is the duty of the State to hold and manage communal properties, such as water bodies, for the benefit of the community. The judgment also emphasizes ....
A suit for bare injunction without seeking declaration of title is not maintainable when the property’s nature is in dispute, especially regarding public water resources.
The main legal point established in the judgment is that disputed questions of fact relating to title and possession should be decided by the competent civil court, and the power of judicial review i....
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