Kasam Vanaja, v. Kakatiya Urban Development Authority,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.40492 OF 2012

O R D E R

The case of the petitioner is that she is the absolute owner of the property bearing H.No.15-7-51/B admeasuring sq.yards situated at Ramannapet, Warangal District and the 2nd respondent has been assessing the property taxes regularly. While so, on 19.12.2012, the respondent authorities tried to demolish the compound walls of house of the petitioner without giving any notice. Aggrieved by the same, the present writ petition is filed. Learned counsel for the petitioner submits that though the respondent authorities collected the property tax from the petitioner regularly, without following due process of law, they are trying to demolish her house. It is also stated that petitioner has filed O.S.No.907 of 1987 seeking perpetual injunction against the 2nd respondent and the same was decreed in favour of the petitioner. Heard Smt Pingali Lakshmi, learned Standing counsel for 1st respondent-Corporation.

This Court granted interim order on 31.12.2012 directing the respondents not to undertake demolition of the existing structures of the petitioner until further orders and further directed the petitioner not to make any additions or alterations to the existing building. No counter is filed by the respondents.

In the instant case, the petitioner asserts her rights basing on the registered sale deed and also by way of judgment of the Civil Court which was decreed in her favour. Though the interim order is granted on 31.12.2012, no counter is filed by the respondent indicating that they are in requirement of the subject premises. If the respondents want to acquire the said property for any purpose or if they found that the petitioner has committed any violation, it is open

for them to follow due process of law before evicting the petitioner or before affecting demolition of her property.

With the above observation, the writ petition is disposed of. No costs. As a sequel, miscellaneous petitions pending if any, shall stand closed.

____________________________ A.RAJASHEKER REDDY,J Date: 07.10.2015 dv