Smt.G.Anasuya v. The State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE FOURTH DAY OF MARCH, TWO THOUSAND AND FIFTEEN :PRESENT:
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WP .NO: 5369 of 2015 Between:
Smt. G.Anasuya W/o G.Laxminarayana, aged about 70 Yrs., R/o H.No. 2-3-48/1, Inside Sri Krishna Theatre Uppal, Rangareddy District.
..... Petitioner AND 1 The State of Telangana, Rep by its Principal Secretary, Municipal Administration Department, Secretariat Buildings, Hyderabad. 2 The Greater Hyderabad Municipal Corporation, Rep by its Commissioner, Near Tank Bund, Hyderabad.
3 The Special Grade Deputy Collector (Land Acquisition), GHMC, Hyderabad.
4 The Deputy Commissioner, GHMC, Uppal Circle-II, Uppal, Rangareddy District.
5 Assistant City Planner, GHMC, Town Planning Section, Uppal Circle-II, Uppal, Rangareddy District.
6 G. Laxminarayana S/o Late Rajaiah, Occ: Business, R/o H.No.2-3-48/1, Inside Sri Krishna Theatre, Uppal, Rangareddy 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 and more particularly one in the nature of "Writ of Mandamus" declaring the action of respondents 2 to 5 in initiating proceedings under GHMC Act, 1955 for acquisition of properties belonging to the petitioner i.e, H.No.2-4-1/2/NR (IOCL pump) situated in Sy.No.99 and H.No.2-4-1/4 (Bharat Petrol Pump) Sy.No.
128 at Uppal Village, Rangareddy District for the proposed road widening from Uppal X Roads To Nalla Cheruvu (within the GHMC limits) without issuing any notice and without obtaining the consent of the petitioner who is the rightful owner and the consequential action of the respondents 2 to 5 in trying to disburse the amounts in favour of the Respondent No.6 as being illegal, arbitrary, unconstitutional and violative of the Principles of natural justice and consequently direct the respondents to forthwith initiate fresh acquisition proceedings in respect of the properties belonging to the petitioner for the purpose of road widening from Uppal X Roads To Nalla Cheruvu (within the GHMC limits) viz., H.No.2-41/2/NR (IOCL pump) situated in Sy.No.99 and H.No.2-4-1/4 (Bharat Petrol Pump) Sy.No.
128 at Uppal Village, Rangareddy District and further direct the respondents 2 to 5 not to dispossess the petitioners from the above stated properties without following due procedure of law. The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of Sri N. Naveen Kumar, Advocate for the Petitioner, G.P. for Municipal Administration (TG) for Respondent No.1 and Smt. A.
Respondent Nos.2 to 5, the Court made the following ORDER:
Smt. A. Deepthi, Learned Standing Counsel, takes notices on behalf of the respondents, and seeks time to get instructions. Post on 06.03.2015 in the motion list.
Till then, there shall be stay of disbursement of compensation. ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Principal Secretary, Municipal Administration Department, State of Telangana, Secretariat Buildings, Hyderabad.
2 The Commissioner, Greater Hyderabad Municipal Corporation, Near Tank Bund, Hyderabad.
3 The Special Grade Deputy Collector (Land Acquisition), GHMC, Hyderabad.
4 The Deputy Commissioner, GHMC, Uppal Circle-II, Uppal, Rangareddy District.
5 The Assistant City Planner, GHMC, Town Planning Section, Uppal Circle-II, Uppal, Rangareddy District.
6 G. Laxminarayana S/o Late Rajaiah, R/o H.No.2-3-48/1, Inside Sri Krishna Theatre, Uppal, Rangareddy District.
(Addressees 1 to 6 BY RPAD) 7 One CC to Sri N. Naveen Kumar, Advocate (OPUC) 8 Two CCs to the G.P. for Municipal Administration (Telangana), High Court, Hyderabad. (OUT) 9 One spare copy.
nnr HIGH COURT
ARR,J DATED: 04-03-2015 NOTE: Post on 06-03-2015 in motion list
ORDER
W.P.NO. 5369 OF 2015 DIRECTION
HIGH COURT Nnr Date of Drafting : 04-03-2015 ARR,J DATED: 04-03-2015 NOTE: Post on 06-03-2015 in motion list
ORDER
W.P.NO. 5369 OF 2015 DIRECTION