Kesari Krishna v. The State Of Telangana,

THE HON'BLE SRI JUSTI CE C. PRAVEEN KUMAR WRI T PETI TI ON No.36801 OF 2016 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for respondents 1, 3 and 4 and the learned Government Pleader for Forest appearing for respondents 2, 5 and 6. With consent of the counsel appearing for both sides, the present writ petition is disposed of at the admission stage.

2.

The present writ petition came to be filed with the following prayer:

"to issue a writ or order or to pass an order, direction or writ more particularly one in the nature of writ of mandamus declaring the high-handed and illegal action of the respondents in trying to interfere with the peaceful possession and enjoyment of the petitioner over the respective house constructed in the land admeasuring Ac.0.5 Gts., in Sy.No.362/31, situated at Rudrakshapally Village, Sathupally Mandal, Khammam District by way of demolishing it without following the due process of law as it being illegal, arbitrary, unconstitutional and consequently, direct the respondents not to demolish the subject property by way of interfering with the possession and enjoyment of petitioner land."

3.

Though various grounds are raised, learned counsel for the petitioner mainly submits that the land in dispute belongs to the petitioner and he also filed document to show his ownership, but the

CPK,J WP_36801_2016 respondent authorities are trying to demolish the house, without issuing any notice.

4.

Learned Government Pleader for Forest would submit that the land in dispute is forest land, but however, states the respondent authorities will follow the due process of law before taking steps for demolition of the house in dispute.

5.

Having regard to the above, the Writ Petition is disposed of directing the respondents not to dispossess the petitioner or demolish the house situated in land admeasuring Ac.0.5 Gts., in Sy.No.362/31, at Rudrakshapally Village, Sathupally Mandal, Khammam District, without following due process of law. Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. _______________________ JUSTI CE C. PRAVEEN KUMAR Date:28.10.2016 INL