Janmabhoomi Homes (Private) Limited v. The District Collector Ranga Reddy District

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.4384 of 2013 ORDER:

Challenging the action of the respondents in trying to demolish the structures raised by the petitioner in two plots each admeasuring 5 guntas in Sy.Nos.1-e and 2-aa situated at Manikonda khalsa village, Rajendranagar Mandal, Ranga Reddy District, without following due process of law, the present writ petition is filed. When the matter is taken up for hearing, counsel for the petitioner had contended that the petitioner raised residential complex in the subject property, having obtained necessary permission from the authorities. However, without following due process of law, the respondents are trying to demolish the residential complex of the petitioner. Hence, this writ petition.

This Court, while issuing notice before admission on 13.02.2013, granted interim stay of demolition of residential complex.

Counsel for the petitioner also contended that let the respondents initiate action against the petitioner, if the petitioner has violated any provisions of law, but, without following due process of law, the respondents cannot demolish the residential complex of the petitioner.

Standing Counsel appearing for the respondents had contended that after issuing notice only, the respondents were taking steps to

demolish the structures of the petitioner. Standing Counsel further contended that liberty be given to the respondents to initiate action against the petitioner, if the petitioner violated the provisions of law. Having considered the rival submissions made by learned counsel for respective parties, this Court is of the considered view that this writ petition can be disposed of directing the respondents not to interfere with the peaceful possession of the petitioner in respect of the residential complex of the petitioner, without following due process of law. It is always open for the respondents to initiate appropriate action against the petitioner, if the petitioner violated any provisions of law.

With the above directions, the writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ______________________________ ABHINAND KUMAR SHAVILI, J 16-02-2021 v v