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High Court for State of TelanganaWP/17423/2010disposed of no costs

K.Lakshma Reddy v. The State Of Andhra Pradesh, Rep. By Its

2015-08-07Dilip B. Bhosale3 pages

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE WRIT PETITION No. 17423 OF 2010 07-08-2015 Between:

K. Lakshma Reddy and 11 others ... Petitioners And The State of Andhra Pradesh, rep., by its District Collector, Karimnagar, Karimnagar District and two others ... Respondent

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE WRIT PETITION No. 17423 OF 2010 ORDER: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) In this writ petition under Article 226 of the Constitution of India, the petitioners seek the following prayer:

"For the reasons stated in the accompanying affidavit, the Petitioner herein prays that this Hon'ble Court may be pleased to issue a Writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in trying to demolish the structures/house properties belongs to the Petitioners bearing House Nos. 10-1-108/1/A to 10-1-108/1/K and H.No.10-1-108/2/1, situated at New Maredpaka area, within the area of Ramagundam Municipal area, Karimnagar district respectively without issuing any notice or without initiating any proceedings either under Land Acquisition Act or any other Act, is being illegal, arbitrary and unconstitutional, besides violative of Procedure established under law and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

On 20-07-2010, while admitting the writ petition, this Court passed the following interim order on WPMP No.21999 of 2010: "There shall be interim direction to the respondents not to demolish/evict the structures in question without following due process of law."

Till today, the respondents have not filed counter affidavit. Having considered the nature of prayer in the writ petition and the interim order passed by this Court, I am satisfied that this writ petition can be conveniently disposed of by the following order:

"The respondents shall not take any action against the structures/house properties belonging to the petitioners, as described in the aforementioned prayer clause, without following the due process of law. All contention of the parties on merits are kept open."

With these observations, the writ petition is disposed of. Miscellaneous petitions, if any, also stand disposed of. No order as to costs.

_________________________ DILIP B. BHOSALE, ACJ 07-08-2015 ks