Sayyad Gouse v. The State Of Telangana

THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.1744 OF 2017 ORDER:

The present writ petition is filed seeking issuance of writ of Mandamus declaring the action of the respondents in contemplating to demolish the dabbas/ tin sheds situated at Indira Park, Gajwel to Doulthabad Road, Gajwel town and mandal, Siddipet Distrcit, without notice and contrary to the provisions under Municipalities Act. The petitioners claim that they have erected certain dabbas and temporary sheds and involved in petty vending at Gajwel town. While so, the petitioners learnt that the respondent-authorities are in the process of constructing a gate for the purpose of a shopping complex and are proposing to evict the petitioners from their occupation. It is the assertion of the petitioners that the road margins where the petitioners occupied the land do not belong to the municipality and it is infact a private land.

As the petitioners are entirely dependant on shops for their livelihood, any action that may be taken by the respondents shall be in accordance with law and also that they shall provide an alternative accommodation to them. On notice being issued to the respondents on 20.01.2017, learned Standing Counsel, on instructions submits that as on date, there is no proposal to evict the petitioners. However, if the petitioners are causing obstructions and in such an event, the respondents shall take any action only after issuance of notice and giving opportunity to the petitioners. Learned Standing Counsel also submits that no coercive action will be taken, without following due process.

In view of the above circumstances, recording the submissions made by the learned Standing Counsel, on instructions, the writ petition is closed, making it clear that the petitioners shall not be dispossessed, without following due process of law. No order as to costs.

Miscellaneous petitions pending in the writ petition, if any, shall stand closed.

______________________ CHALLA KODANDA RAM, J 30.01.2017 vhb

THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.1744 OF 2017 Dated : 30.01.2017 vhb