K. Devender Reddy v. The State Of Telangana And 6 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 23849 of 2019 ORDER:

This Writ Petition is filed for the following relief: "....to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus to declaring the action of the respondent authorities in trying to laying Bypass road through petitioners property i.e. an extent Ac.3 24 Gts in Sy.No.54/A1 an extent Ac.1.37 Gts in Sy.No.53 respectively situated at Patancheru village and Mandal Sanga Reddy District without initiating the land acquisition proceedings and without following the procedure contemplated under the Statute as being illegal, arbitrary, unconstitutional and violative of Articles 21 and 300A of the Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners property except in accordance with law."

When the matter is taken up, it is submitted by the learned counsel for the petitioners that the issue raised in the present Writ Petition is squarely covered by the order dated 26.08.2019 passed by this Court in Writ Petition No. 18372 of 2019. Learned Standing Counsel for Hyderabad Metropolitan Development Authority and for Greater Hyderabad Municipal Corporation appearing for respondent No.2 and respondent Nos.3 and 4 do not dispute the aforesaid submission.

CKR, J W.P.No.23849 of 2019 Relevant portion of the aforesaid order reads as under: "Having regard to the grievance of the petitioner and as is evident from the proceedings of the Tahsildar, the petitioner's husband's name was reflected to the extent of Ac.1.09 and Ac.1.10 guntas in Survey Nos.56 and 54/AA and that an extent of Ac.0.01 and Ac.0.08 guntas is likely to be affected in the road widening, it is made clear that without acquiring the property either by way of consent in terms of Section 146 of the GHMC Act or by initiating proceedings under the provisions of the 2013 Act and without paying compensation therefor, the property of the petitioner shall not be interfered with in any manner.

Subject to the above, the Writ Petition is disposed of. No costs."

In those circumstances, following the above said order and for the reasons recorded therein, this Writ Petition is also disposed of in terms thereof.

Miscellaneous Petitions, if any pending, shall stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J 31st OCTOBER, 2019.

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