B.Praveen Babu v. The State Of Telangana

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER W RI T PETI TI ON No.1 0 2 1 7 OF 2 0 1 9 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking to declare the action of respondents in acquiring the petitioner's property admeasuring 114 Square Yards, out of 542.88 Square Yards, bearing Nos.13-6-434/ C/ 1/ D and 13-6-434/ C/ 1/ A/ 10 situated at Maruthi Nagar, Ring Road, Mehdipatnam, Hyderabad, without following due process of law, in spite of giving a representation, dated 03.05.2019, to the respondents, as illegal and arbitrary.

2 .

Heard learned counsel for the petitioner and the learned Standing Counsel for Greater Hyderabad Municipal Corporation (GHMC), appearing for respondent Nos.2 to 4. Perused the record.

3 .

Learned counsel for the petitioner would contend that the petitioner is the owner of the property admeasuring 542.88 Square Yards, bearing Nos.13-6-434/ C/ 1/ D and 13-6434/ C/ 1/ A/ 10 situated at Maruthi Nagar, Ring Road, Mehdipatnam, Hyderabad. The respondent authorities, without following due process of law, are making attempts to lay road in 114 Square Yards, out of the said 542.88 Square yards, belonging to the petitioner. Hence, the present Writ Petition is filed.

4 .

Learned Standing Counsel for GHMC could not substantiate that due process was followed to lay road in the subject property belonging to the petitioner, as contended. Under these circumstances, respondent Nos.2 to 4 are restrained from laying road in the subject property belonging to the petitioner, without following the due process of law.

5 .

With the above observation, the Writ Petition is disposed of at the stage of admission.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs. ______________________ Dr . SHAMEEM AKTHER, J May 08, 2019.

MD