St. Thomas (Spg) Tamil Church Society v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.16883 of 2016 ORDER:

The Writ Petition is filed with the following prayer: "to pass order or orders one in the nature of Writ of Mandamus declaring the action of the respondents for encroaching the prayer Hall by demolishing the same of the property bearing No.7-1-1 to 7-1-6, surrounded by the complex and the shop attached to the Church Compound to the extent of Acres 4.06 gts. situated at St. Mary's Road, Opposite to the Secunderabad Railway Station, Secunderabad with an intention to build the compound wall making obstruction parking of the vehicles during the Gospel Prayer of the Church as the same is contrary to the finding and remarks of an enquiry u/s 5-A of the Land Acquisition Act passed by the respondents 5 to 7 in File No.C2/850/2013 dated 24.03.214 and consequently (a) direct the respondents 1 to 8 to dispose of the representation dated 16.05.2016 sent through Speed Post by the petitioner's Society with regard to the encroaching of the Prayer Hall, Ground of the Petitioner's Church.

(b) Declaring the action of respondents is totally illegal, arbitrary against the principles of natural justice and violation of Article 300-A of the Constitution of India.

Learned counsel for the petitioner submits that the respondent authorities are trying to demolish the prayer hall belonging to the petitioner stating that the prayer hall does not form part of the award dated 20.09.2014 and, as such, made representation dated 16.05.2016 and the respondents, without considering the said representation, are constructing compound wall in the open space.

Sri K.Vivek Reddy, learned Counsel appearing on behalf of the Advocate General, submits that the respondent - authorities are strictly utilizing land as per award dated 20.09.2014 and are not deviating from the award.

Since it is the case of the petitioner that representation dated 16.05.2016 is pending before the respondent - authorities, the respondents shall dispose of the same within one week from the date of receipt of a copy of this order. Till then status quo shall be

maintained by the parties.

The Writ Petition is, accordingly, disposed of. Miscellaneous petitions pending, if any, shall also stand disposed of. However, in the circumstances, without costs.

A.RAJASHEKER REDDY, J Date:16.06.2016 usd