Badam Shanker v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.25244 of 2019 ORDER:

This writ petition is filed seeking the following relief: "....to issue an appropriate writ or direction more particularly a writ in the nature of Mandamus declare the action of the respondent Nos.2 to 5 herein in interfering with the possession and enjoyment of the petitioner's schedule property i.e., land bearing Plot No.426 in Sy.Nos.96 to 99 admeasuring 508 Sq yards situated at Bagh Ameeri Village under GHMC Kukatpally Circle, Balanagar Mandal, Ranga Reddy District, is illegal, arbitrary and unconstitutional and consequently direct respondent Nos.2 to 5 not to interfere with the possession and enjoyment of the petitioner's over the schedule property i.e., land bearing Plot No.426 in Sy.Nos.

96 to 99, admeasuring 508 Sq yards situated at Bagh Ameeri Village under GHMC Kukatpally Circle, Balanagar Mandal, Ranga Reddy District, without following any due process of law and be pleased to pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case." Heard Sri Rajagopallavan Tayi, learned counsel for petitioner and learned Government Pleader for Irrigation appearing for the respondents.

It is the case of the petitioner that he is owner of land admeasuring 508 square yards i.e., Plot No.426, in Sy.Nos.96 to 99 at Bagh Ameeri Village, GHMC Kukatpally Circle, Balanagar Mandal, Ranga Reddy District.

But the respondents are trying to dispossess him from the said land without following due process of law.

Learned counsel appearing for the petitioner contended that appropriate orders be passed in the writ petition directing

the respondents to follow due process of law before dispossessing the petitioner from the subject land. Learned Government Pleader appearing for respondents contended that if the respondents require the land, they would follow due process of law.

Having considered the rival submissions made by the learned counsel on either side, this Court is of the view that this writ petition can be disposed of directing the respondents not to interfere with the peaceful possession of the petitioner over the subject land, without following due process of law. Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous petitions, if any, pending, shall stand closed.

_____________________________________ JUSTICE ABHINAND KUMAR SHAVILI Date: 20.01.2020 rkk