High Court for State of TelanganaWP/5431/2015disposed of no costs

Burra Venkatesh v. The State Of Telangana

2015-03-18Challa Kodanda Ram3 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO.5431 of 2015 Between:

1. Burra Venkatesh and others PETITIONERS AND

1. State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad, and others. RESPONDENTS

ORDER:

This writ petition is filed to declare the action of the respondents in interfering with the possession and enjoyment of the petitioner's land in Sy.No.132/1 of Garepalli Village, Kataram Mandal, Karimnagar District, without following due process of law, as illegal and arbitrary. The grievance of the petitioners is that they along with some other persons own house and landed properties in Sy.No.132/1 of Garepalli Village, Kataram Mandal, Karimnagar District. The 3rd respondent, viz., the Tahsildar, Kataram Mandal, Karimnagar District, along with his staff came to the site, where the houses of the petitioners are standing, with machinery and partially damaged and demolished the houses. According to the learned counsel for the petitioner no prior notice or intimation has been given by the Tahsildar before the partial demolition, which has been carried out by him. Thus the Tahsildar without following the due process of law has been unauthorisedly interfering with the rights of the petitioners. Hence the present writ petition is filed.

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue (TG) for respondents. This Court on 4.03.2015 and 11.03.2015 directed the learned Assistant Government Pleader to get instructions. Even today, the learned Assistant Government Pleader submits that he has not received any instructions.

In view of the same, instead of keeping the writ petition pending, since small extents of land situated in a remote village of Karimnagar District are involved, I deem it appropriate to dispose of the writ petition directing the respondents not to dispossess the petitioners from their land in Sy.No.132/1 of Gaarepalli Village, Kataram Mandal,

Karimnagar District, without following due process of law. With the above direction, the writ petition is disposed of. No costs. As a sequel, miscellaneous petitions, if any shall stand closed. _____________________ CHALLA KODANDA RAM, J.

18th March, 2015 Js.