Eagle Fisheries v. State Of Telangana
HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.35906 of 2014 Between:
Eagle Fisheries, rep.by its proprietor Rukuddin S/o.Riazuddin and two others .... Petitioners AND The State of Telangana, represented by its Principal Secretary, Municipal Administration & Urban Development, Secretariat buildings, Hyderabad and 5 others .... Respondents HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.35906 of 2014 ORDER:
This writ petition is filed for a Mandamus declaring the action of the respondents authorities in initiating demolition process of the premises shops bearing Dr.No.9-1-38/1, 9-1-38/2, 9-1-38/3 and 4 of YMCA, Secunderabad as illegal and arbitrary and for a consequential direction to the respondents to make alternative arrangements for business premises by paying compensation.
2. The case of the petitioners is that they are the tenants of shop Nos.9-1-38/1, 9-1-38/2, 9-1-38/3 and 4 of YMCA, Secunderabad and they have been issued notices to vacate the said shops premises and deliver possession to the Special Deputy Collector, Land Acquisition, GHMC, Hyderabad. Now, the case of the petitioners is that entire shops premises are not being acquired by the respondents' authorities for the purpose of laying metro rail lane and only portions of the property are acquired by them. As such, they filed a representation dated 27.04.2015 for demarcation of the property acquired and after demarcation, they do not have any objection for taking over the property, which is acquired by the respondents.
3. Heard the learned counsel for the petitioner and Sri K.Vivek Reddy, learned counsel appearing for respondent No.5.
4. At the time of hearing, it is stated by the learned counsel for the 5th respondent Sri K.Vivek Reddy, that after demarcation only, they will take possession of the property, which has been acquired by them as per the award dated 21.01.2015.
5. In view of the same, there shall be a direction to the respondents 3 to 5 to demarcate the property, which is being acquired by them and take possession of the same leaving the unaffected portion.
6. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.
_______________________ A. RAJASHEKER REDDY, J
Rns HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY
WRIT PETITION No.35906 OF 2014 Rns