S. Rajalingam, S/O. Late S. Sangaih, v. The State Of Telangana, Rep. By Its Principal Secretary,

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.3456 OF 2017 ORDER:

The writ petition is filed challenging the action of the respondents 2 and 3 in trying to demolish the petitioner's premises bearing No.3-788/a, Haatkerpet, Sadasivapeta Mandal, Medak District, without following due process of law under the Right to Fair Compensation and Transparency in Land Acquisition, Resettlement and Rehabilitation Act 30 of 2013 (for short, "the Act").

It is the case of the petitioner that he is the absolute owner and possessor of the above said property as he has purchased the same under a registered sale deed dated 12.04.1999. Thereafter, the petitioner got constructed a residential house and he has been in possession and enjoyment of the same. While things stood thus, in the year 2010, the 3rd respondent herein issued notice dated 30.01.2010 stating that the schedule house land is Kandakam land which belongs to the Government and hence the 3rd respondent is trying to demolish the residential house. After receipt of the notice, the petitioner approached this Court by filing Writ Petition No.17015 of 2010 and this Court granted interim order on 16.07.2010. It is stated that the 2nd respondent proposing to widen the existing road as per the recommendation of the 3rd respondent even without issuing any notice or without following the due process of law.

Learned counsel for the petitioner submits that the respondentsauthorities are making hectic efforts to widen the existing road in the property of the petitioner even without following the due process of law. Learned Government Pleader for Road and Buildings submits that the allegations made by the petitioner are false. If really the land of the petitioner is required, the respondent-authorities would follow the due

process of law and appropriate steps would be taken in accordance with law.

In the light of the submissions made by the respective counsel and in view of the admitted facts of the case that the petitioner is in possession and enjoyment of his property, his possession shall not be interfered with by the respondent-authorities without following the due process of law as enjoined whether under the Land Acquisition, Rehabilitation and Resettlement Act, 2013 or in any other law. Accordingly, the writ petition is disposed of directing the respondents not to interfere with the possession and enjoyment of the petitioner except following the due process of law. No order as to costs. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

______________________________ CHALLA KODANDA RAM, J Dated:02.02.2017 Note: Issue CC forthwith.

B/o.

Gk

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.3456 OF 2017 Date:02.02.2017 Gk