Smt. Vanama Gnaneswari v. The State Of Telangana

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.20290 of 2016 ORDER:

Heard learned counsel appearing for both parties. With the consent of counsel appearing for both sides, the present Writ Petition is disposed of at the admission stage.

2. The present Writ Petition came to be filed with the following prayer: "to issue writ or direction preferably writ of mandamus declaring the action of the respondent nos.3 to 5 and their subordinates in taking steps to take over the land of the petitioner to an extent of Ac.0-15 gts., in Sy.no.4/Lu situated at Sathupally(V&M) of Khammam District, without issuing any notice and without initiating any Land Acquisition Proceedings by following due procedure on the ground that they require the property for widening and strengthening of left over bits of Sathupally-Patwarigudem road from Km 0/0 to 17/0 in Khammam District as illegal, arbitrary, and violative of principles of natural justice and violative of Art.300-A of constitution of India and consequently direct the respondent nos. 3 to 5 and their subordinates not to interfere with the possession of the petitioner in respect of subject property in any manner, and pass such other or further orders as this Hon'bie court deems fit and proper in the circumstances of the case."

3. The grievance of the petitioner is that without issuing any notice and without initiating any Land Acquisition proceedings, respondent Nos.3 to 5 and their subordinates are taking steps to take over the land of the petitioner to an extent of Ac.0-15 cents in survey No.4/Lu, situated at Sathupally (V&M) of Khammam District on the ground that they require the property for widening and strengthening of left over bits of SathupallyPatwardigudem road in Khammam District.

4. Learned Government Pleader for Roads & Buildings submits that the authorities will follow the due process of law while taking any coercive steps in respect of the property in question.

5. Having regard to the above and without going into the merits of the case, the Writ Petition is disposed of directing the respondent authorities

not to interfere with the subject property or undertake demolition thereof except in accordance with the due procedure laid down by law. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE C. PRAVEEN KUMAR JUNE 23, 2016 YVL THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR

WRIT PETITION No.20290 of 2016 Date: 23.06.2016 YVL