Dyarangula Nagesh v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 198s6 OF 2020 Between:

Sri Dyarangula Nagesh, S/o Late D. Das, Aged a.b.out 43 years, Occ Businessmen'- iorl'" f.'jo.i-f O6l6iA, Das ruagar, Armooi R6ad, Makloor it/andal. Nizamabad - 503003 ...PETITIONER AND

1. The state of Telangana, Rep. by its Principal secretary, Municipal Administration a nd U rban Develop-ment, Secretariat, Hyderabad'

2. The Tahsildar, Makloor Mandal, Nizamabad District.

3. The District Collector, Nizamabad.

+. f.f irir"Oud frlunlcipai Corporation, Rep' by its Commissioner, Nizamabad District.

s. in-e rjeputv Executive Engineer, project sub Division Armoor, Nizamabad. RESPONDENTS Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, Direction or order, particularly one in the nature of writ of Mandamus declaring the Notice No.B/57012020 Daled 2610912020 issued by the Respondent No.3 directing eviction of the Petitioner from his property bearing House No.

4-166/6/4andtheappurtenantvacantlandasiIlegal,arbitrary,violativeof principles of natural Justice and the provtsions of the Telangana Land Encroachment Act,lg05andconsequentlysetasidethesamefurtherdirecttheRespondentsnotto dispossessthePetitionerfromthesaidlandwithoutfollowingdueprocessoflaw' IA NO: 1 OF 2020 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of allfurtherproceedingspursuanttotheNoticeNo.8/570/2020Daled2610912020 issued ,by the Respondent No.3, pending disposal of the writ petition' Counsel for the Petitioner: SRl. KOWTURU PAVAN KUMAR Counsel for the ResPondent No.

--- -;p;ctR rvrur,ticrpnl ADMtNlsrRATtoN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3: GP FOR REVENUE Counsel for the Respondent No'4: SRI V' SATYAM REDDY' SC FOR NIZAMABAD MUNICIPAL CORPORATION Counsel for the ResPondent No.5:

GP FOR IRRIGATION & COMMAND AREA DEVELOPMENT DEPARTMENT The Court made the following: ORDER

THE HON.BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION No.19856 of 2020 ORDER:

This Writ Petition, under Article 226 of the Constitution of India is filed by the petitioner, wherein, the following prayer is made:

".,.to issue an aPpropriate writ, direction or order, particularly one in the nature of Writ of Mandamus declaring the Notice No.B/s7o/2o2o, dated 26/(J9/2o2o issued by the Respondent No.3 directing eviction of the petitioner from his property bearing House No'4L66/6/A and the appurtenant vacant land as illegal, arbitrary, violative of principles of natural lustice and the provisions of the Telangana Land Encroachment Act' 19o5 and consequently set aside the same further direct the respondents not to dispossess the petitioner from the said land without following due process of law and pass such other order or orders.."'

2.

Heard the learned counsel for both sides and perused the record.

3.

As seen from the material placed on record, in the last paragraph of the show cause notice No'B/570/2020, daled 26.09.2020 issued under Section 7 of the Land Encroachment Act, 1905 by the respondent No'2-The Tahsildar, Makloor Mandal, to the petitioner, it is mentioned as follows: "Take notice atso that the Girdawarl Makloor is hereby \ ( authorized to carry out the eviction and to take possession of, and retain in proper custody, anYthing on the tand liabte to forfeiture pending the Collector's order as to its disposal"'

') 4.

Admittedly, there is no determination in the said show cause notice that the petitioner is an encroacher and the land in which he is in possession, is requlred to be resumed' Without such determination, the respondent No 2-Tahsildar' Makloor Mandal, Nizamabad District' directed the Girdawar' Makloor to carry out the eviction and take possession of the subject land and retain in proper custody and forfeit the material available over the said land pending Collector's order' The direction given to the Girdawar, Makloor' is also erroneous' Therefore' the show cause notice No'8/57012020' dated 26'09'2020 issued by the respondent No'2-The Tahsildar' Makloor Mandal' to the petitioner, is liable to be set aside'

the imPugned notice

6. Under these circu mstances'

issued bY the resPondent No.Bl57O/?020, dated 26'09'2020 No.2.TheTahsildar,MakloorMandal,tothepetltioner,iShereby set aside. The resPondent No.2-Tahsildar, Makloor Mandal'

Nizamabad District, is entitled to issue fresh notice to the petitioner and proceed in accordance with law' 7.

Accordinqly, this Writ Petition is ordered' There shall be no order as to costs'

Miscellaneouspetitions,ifany,pendingshallstandclosed. SD/-N.CHANDRA SEKHAR RAO ASSISTANT REGISTRAR t!l', SECTION OFFICER //TRUE COPY// To,

1. The Principal Secretary, Municipal Administration and Urban Development, State of Telanoana. Secretariat, Hvderabad.

2. The Tah;ildar, Makloor Manilal, Nizamabad District. ral, l.r l( 1l rlr

3. The District Collector, Nizamabad.

4. The Commissioner, Nizamabad l\,4unicipal Corporatron, Nizamabad District.

5. The Deputy Executive Engineer, Project Sub Division Armoor, Nizamabad.

6. One CC to Sri Kowturu Pavan Kumar, Advocate [OPUC]

7. Two CCs to GP for Municipal Administration and -Urban Development, High Court for the State of Telangana at Hyderabad. [OUT]

8. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT]

9. One CC to Sri V. Satyam Reddy, SC for Nizamabad Municipal Corporation [oPUC] '10. Two CD Cooies r r cHR"i\:i;;"J"J'B o,Q to. ,o'iq"h^ J "-".,*'^"\ "v'-o-o- Deve\oprrc.r- \.5,61l.nn-e-^,,F $ tt

HIGH COURT DATED:2911212020 lA e tl ( +

ORDER

21 JAll 2021 c_) W.P.No.19856 of 2020 {-'

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".,, ,,-t * ORDERING THE WRIT PETITION WITHOUT COSTS :\v \S-copt e-A )Y )--(.jO\f-, \