Ch.Narsing Rao, v. The Greater Hyderabad Municipal Corporation,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.10678 of 2016 ORDER:

This Writ Petition is filed questioning the action of the respondents in constructing the bund in the patta lands belonging to the petitioners, situated in Sy.No.27 to Sy.No.46 and Sy.No.68 to Sy.No.71 to 73 in Kukatpally village and the lands in Sy.No.176/2 to 180 are patta lands in Moosapet village, without initiating any proceedings for acquisition of the land. A perusal of the record reveals that this matter came up for admission on 31.03.2016 and Rule nisi issued and also made the following interim direction in W.P.M.P.No.13449 of 2016 - "In the light of the document placed on record including the nature of the subject lands, there shall be a direction to the respondent authorities not to construct any bund in the subject patta lands except in accordance with the due procedure laid down by law."

When the matter is listed today, though no counter is filed, Sri Sampath Prabhakar Reddy, learned Standing Counsel for GHMC, on specific instructions from the 2nd respondent submits that as on date construction has been stopped pursuant to the orders of this Court, however, they may be given liberty to take appropriate action in accordance with law.

Recording the submission of the learned standing counsel for the 2nd respondent, by making it clear subject to the verification that the petitioners have right over the property, the constructions, if any, to be made by the respondents shall be only after notice to the petitioners and after following due process of law.

With the above direction, this Writ Petition is disposed of. There shall be no costs.

Consequently, the Miscellaneous Petitions, if any pending, shall stand closed.

_____________________________ CHALLA KODANDA RAM, J Date:22.02.2017 Ssv