M Rajender v. The Ghmc

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO WRIT PETITION No.1267 of 2018 ORDER:

Heard learned counsel for the petitioners and also Sri P. Krishna Reddy, learned Standing Counsel for respondent Nos.1 & 2 offer to appear from the oral instructions and perused the prayer in the writ petition with the supporting affidavit and other material on record.

The prayer in the writ petition reads as follows: "....to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondents in trying to lay the road through the land of the petitioners bearing Plot Nos.53, 51, 79, 49 and 50 situated in Sy.No.32 of Cyber Hill Welfare Society, Guttala Begumpet village, Sherlingampalli, Hyderabad as arbitrary and illegal and consequently direct the respondents not to lay the road through the land of the petitioners without following due process of law in the interest of justice."

Whereas it is the submission of the learned Standing Counsel for the respondents that they are not laying any road from interfering or encroaching any private property of the petitioners. By recording the same, the Writ Petition itself is disposed of. The respondents if necessary can demarcate the property and shall not interfere and dispossess the petitioners from any of their private property except through due process of law. Consequently, miscellaneous petitions, if any shall stand closed. No costs.

_____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 25.01.2018 ska