U.Siva Prasad, v. The Goverment Of A.P. Rep. By Its Principal Secretary To

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.14110 OF 2011 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to declare the action of the respondents in dispossessing the petitioner from the peaceful possession and enjoyment of the property i.e., MIG Plot No.165 to an extent of 225.55 sq.yards or 188.58 sq.mtrs with boundaries : East - 80 feet wide road, West - Plot No.166, North - Plot No.164 and South - 30 feet wide road situated at KPHB Phase XV at Kukatpally, Ranga Reddy District as illegal and arbitrary and consequently, direct the respondents not to dispossess the petitioner from the above said property without any notice, without paying any compensation and without following the due process of law.

2.

The main grievance of the petitioner is that on the ground of road widening, the respondents are trying to dispossess him from the aforesaid property without following the due process of law. 3.

Learned Standing Counsel appearing for respondent No.2 stated that as of now, there is no proposal to implement the road widening programme i.e., to widen the road from 80'-0' to 100'-0' in terms of G.O.Ms.No.606 MA & UD (F2) Department, Dt:09.10.2009 and G.O.Ms.No.288 MA DT:03.04.2008 and whenever such exercise will be started, this respondent will follow the due procedure contemplated under the provisions of GHMC Act, 1955 as amended from time to time.

4.

Heard.

5.

Recording the submission of the learned Standing Counsel for respondent No.2 that as of now, there is no proposal to implement the road widening programme in terms of the aforementioned Government Orders and that in case of necessity, respondent No.2 will follow the due procedure contemplated under the provisions of the Greater Hyderabad Municipal Corporation Act, 1955, this writ petition is disposed of. There shall be no order as to costs.

6.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 30.1.2017 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.14110 OF 2011 Date: 30.1.2017 AMD