Smt. K.Bharathamma v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.23713 of 2019 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking to declare the action of the respondents in trying to lay the by-pass road through the petitioner's property i.e., the land to an extent of Ac.3-13 guntas, in Survey No.55, situated at Patancheru Village and Mandal, Sangareddy District, without following due process of law, as arbitrary and illegal and consequently direct the respondents not to interfere with the petitioner's peaceful possession and enjoyment of the subject property, except in accordance with law.

2.

Heard the learned counsel for the petitioner and Sri Sampath Prabhakar Reddy, learned Standing Counsel for respondent No.5. 3.

The grievance of the petitioner is that she is the owner and possessor of the subject land. While so, the respondent authorities are trying to lay the by-pass road through her land, without following due process of law.

4.

On the other hand, learned Standing Counsel for the 5th respondent, on instructions, would submit that today the respondent-Corporation sent the concerned Mandal Revenue Officer to note down the names of the persons, who are going to affect by laying of the by-pass road. He further submits that as and when they receive the information, the respondent authorities will follow Section 146 of the Greater Hyderabad Municipal Corporation Act (for short, 'the Act'), and if the petitioner is not willing to give

her consent under Section 146 of the Act, the respondent authorities will follow due process of law.

5.

Recording the same, the Writ Petition is disposed of directing the respondent authorities not to interfere with the petitioner's peaceful possession and enjoyment of the subject land, without following due process of law.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ___________________________ A.RAJASHEKER REDDY, J 6th December, 2019 YVL

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.23713 of 2019 Date:06.12.2019 YVL