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High Court for State of TelanganaWP/4021/2017disposed of no costs

Md. Aleem, v. State Of Telengana,

2017-02-06Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.4021 of 2017 ORDER:

This Writ Petition is filed questioning the action of the 3rd respondent-Khammam Municipal Corporation, in proceeding with eviction of the petitioners from their small petty shops No.1 to 16, situated at Railway Station Road, Khammam.

It is the case of the petitioners that they are in occupation of the premises belonging to the 3rd respondent-Corporation over three decades and carrying on small businesses. However, on 27.01.2017 the petitioners were orally instructed to vacate the premises as otherwise they would take appropriate action. However, on 30.01.2017 the respondents came with proclainers and bulldozers to demolish the shops. As one of the shop owners attempted to commit suicide by immolating himself, then the respondents stopped.

It is the specific contention of the petitioners that no notices were issued and they may not be vacated without following due process.

Smt. Bhagya Sri, learned standing counsel for the Municipal Corporation, on instructions submit that the demolition squad was only there to demolish the two buildings, which were handed over to the Municipal Corporation, which are in dilapidated condition and also the demolition is sought to be carried out for the purpose of developing the integrated market yard in the land allotted to the Corporation. However, learned standing counsel on instructions submits that for vacating the petitioners premises the Municipal

Corporation would give proper notice and only after considering their explanation by passing necessary orders, the petitioners would be vacated.

Recording the submission made by the learned standing counsel for 3rd respondent Corporation, this writ petition is disposed of. There shall be no order as to costs. Consequently, the Miscellaneous Petitions, if any pending, shall stand closed.

_____________________________ CHALLA KODANDA RAM, J.

Date:06.02.2017 Ssv