Svs Prasad Rao And Another v. The State Of Telangana And Another

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.26211 of 2019 ORDER:

Aggrieved by the action of the respondents in trying to acquire the part of the residential plots of the petitioners, without initiating land acquisition proceedings, this Writ Petition is filed. It is the case of the petitioners that they are the absolute owners of residential plots bearing H.No.10-5-139/140, Kisan Nagar, Karimnagar City and District and they are paying property tax to the said residential plots. But the respondent authorities are trying to demolish the construction of the petitioners, without any notice.

Heard learned counsel for the petitioner and Sri V.Satyam Reddy, learned Standing Counsel for the respondent No.2 Sri V.Satyam Reddy, learned Standing Counsel for the 2nd respondent produced written instructions stating as follows: "As per the Master plan the road from Rajiv Chowk to Kisan Nagar (Railway Station Road) is 60 feet. That the said road is developing under the Smart City Funds. The road in front of the houses of the Petitioners No.1 to 2 is approximately 45 feet. That the petitioners have encroached on to the master plan road for an extent of 10 feet each. This office is removing the structure encroached on the 60 feet road which are causing the inconvenience to the public.

This office is in the process of issuing notices to all the building owners who are in the existing 60 feet master plan road to the portion of encroachment, and this office is following the due procedure in laying of the roads." Learned counsel for the petitioners submits that the petitioners have not encroached on the road margin and that the respondent authorities are trying to acquire the land only on one

side of the road, instead of acquiring the land equally from both sides of the road.

In this case, it is to be seen that the respondent authorities are in the process of issuance of notices to the building owners for the said purpose.

As and when notices are issued, it is open for the petitioners to raise all the objections before the respondents. The respondents are directed to consider the explanations of the petitioners before taking further action, in accordance with law. Till then, no coercive steps shall be taken against the petitioners. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY, J 04-12-2019 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.26211 of 2019 Date 04.12.2019.

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