Shahanaz Begum, v. The State Of Telangana

THE HON' BLE SRI JUSTI CE CHALLA KODANDA RAM W RI T PETI TI ON No.2 2 1 2 8 of 2 0 1 9 ORDER:

This writ petition is filed for the following relief: " ... to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the actions of the Respondent Nos. 3 and 4 in issuing the Notice vide Lr. No. 19/RW/ACP/C7/GHMC/2019 dt. 20.09.2019 by demanding the Petitioners to give consent and handover the advance possession of a portion of House Property bearing Municipal No 173376 and 377/1 admeasuring 58 Sq Yards situated at Imlibun, Outside Yakutpura, Hyderabad consisting of Four Rooms as illegal, arbitrary and in violation of Principles of Natural Justice, and also in violation of Articles 14, 21 and 300A of the Constitution of India, in the interest of justice and may pass ... "

When the matter is taken up, it is represented by both the learned counsel that the subject matter is squarely covered by the order dated 21.02.2019 passed in W.P.No.3523 of 2019, whereunder this Court disposed of the said writ petition directing the respondent authorities to follow the procedure prescribed under Section 147 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013), for taking possession of the property.

Having regard to the submission made, there shall be a similar direction in this writ petition as well, directing the respondent authorities to follow the procedure prescribed under Section 147 of the Act, before taking possession of the subject property. As the petitioners claim to be residing in the said property in a small extent of 58 square yards, without paying compensation as entitled under the Act 30 of 2013, no interference shall be made with the petitioners property.

A copy of the order dated 21.02.2019 in W.P.No.3523 of 2019 shall be annexed to this order.

Subject to the above, the writ petition is disposed of. No costs. Miscellaneous petitions, if any pending, shall stand closed. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ CHALLA KODANDA RAM, J 0 1 st Oct ober , 2 0 1 9 KSM

THE HON' BLE SRI JUSTI CE CHALLA KODANDA RAM W RI T PETI TI ON No.2 2 1 2 8 of 2 0 1 9 0 1 st Oct ober , 2 0 1 9 KSM