Mv Subba Rao v. State Of Telangana

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.17348 OF 2018 ORDER:- This writ petition is filed seeking to issue a writ of Mandamus directing the respondents not to deprive the petitioners of their right, title and possession of the properties in plot Nos.1335/1 and 1189/1 situated at Road No.45, Jubilee Hills, Hyderabad, without following the due process of law and consequently to direct the respondents not to interfere with or disturb the possession of the petitioners over the above plots. Heard Sri J.V. Prasad, learned counsel for the petitioners, and Sri L.Venkateshwar Rao, learned Standing Counsel for the 2nd respondent - Corporation.

It has been submitted by the petitioners that they are the owners of the property of plot Nos.1335/1 and 1189/1 situated at Road No.45, Jubilee Hills, Hyderabad, and the respondents are trying to interfere with their possession on the ground of road widening.

Learned Standing Counsel has contended that without following the due process of law, the petitioners will not be dispossessed.

This Court, having considered the rival submissions made by the parties, is of the view that without following the procedure prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the respondents shall not interfere with the possession of the petitioners over the subject plots.

With the above observation, the writ petition is disposed of. There shall be no order as to costs.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

______________________________________ JUSTICE ABHINAND KUMAR SHAVILI Date: 17.05.2018 v v