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High Court for State of TelanganaWP/11281/2009disposed of no costs

M/S. Nav Durga Estate v. The Principal Secretary

2017-09-14C.Praveen Kumar2 pages

THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No.11281 OF 2009 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, came to be filed seeking to declare the action of the respondents in interfering with the land of the petitioners admeasuring Acs.2-00 cents situated in survey No.233/8 at Nizampet (V), Qutbullapur (M) of Ranga Reddy District, as illegal and arbitrary.

This court on 15.06.2009, while admitting the Writ Petition, granted an interim order, which reads as follows: " In view of the apprehension expressed by the petitioner that the land admeasuring Ac.2.00 in Sy.No.233/8 of Nizampet Village, Qutbullapur Mandal, belonging to it is being taken over by the respondents without initiating land acquisition proceedings, the respondents are directed not to dispossess the petitioner from the abovementioned land, without following due process of law."

Heard the learned counsel for the petitioner and the learned Government Pleader for Housing Board.

Though various grounds are raised in the writ petition, the learned counsel for the petitioner restricts his prayer seeking a direction to the respondent-authorities not to dispossess the petitioner from the subject land without following the procedure prescribed under law.

On the other hand, the learned GP submits that since the terms of the assignment were violated, the land was resumed and the same was handed over to the Housing Corporation. He further

submits that even assuming that the petitioner is in possession of the subject land, the procedure contemplated under law would be followed to evict the petitioner.

Recording the statement made across the Bar, the Writ Petition is disposed of directing the respondents to follow due process of law while evicting the petitioner from the subject land, if the petitioner is still in possession.

Consequently, miscellaneous petitions pending in this writ petition, if any, shall stand closed. No order as to costs. _____________________________ JUSTICE C. PRAVEEN KUMAR 14.09.2017 sur