Chindam Sattaiah v. The State Of Telangana
[ 3168 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 31657 OF 2024 Between:
Chindam Sattaiah, S/o: Mallaiah, aged about 57 years, occ. Business, R:/o Choppadandi village and Mandal, Karimnagar. ...PETITIONER AND The State of Telangana, rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad Choppadandi Municipality, rep. by its Commissioner, Choppadandi, Karimnagar District.
...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in threatening to demolish petitioners premises bearing H.No.'15-24912 in Sy.No. 424 admeasuring I 331 .16 Sq. Yards situated at Choppadandi village and Mandal, Karimnagar Diskict, without issuing any notice and without following the due process of Law, as being illegal, arbitrary, unconstitutional and violative of Articles 21 and 300-A of the Constitution of lndia and consequently direct the 2nd respondent not to take any coercive steps without following the due process of Law.
lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.2 herein not to demolish petitioner's premises bearing H.No. 15-24912 in Sy.No. 424 admeasuring 133't,16 Sq. Yards situated at Chogipadandi village and Mandal, Karimnagar District, pending disposal of the main Writ Petition, in the interest of justice.
Counsel for the Petitioner: SRI N. HARI PRASAD Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2: SRI M. RAM MOHAN REDDY, SC The Court made the following: ORDER
HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.31657 OF 2024 ORAL ORDER:
Heard Sri N. Hari Prasad, learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development for respondent No.1 and Sri M. Ram Mohan Reddy, learned Standing counsel appearing for respondent No.2. Perused the record.
2. This writ petition is filed to declare the action of respondent No.2 in threatening to demolish the petitioner's property bearing H.No.l5-249 /2, admeasuring 133 1.16 sq.yds., in Sy.No.424, situated at Choppadandi Village and Mandal, Karimnagar District, without following due procedure laid down under law, as illegal.
3. Whereas, Sri M. Ram Mohan Reddy, learned I t standing counsel appearing for respondent No.2 on a
- ) instructions would submit that there is a proposal of road widening and part of the petitioner's property is going to affect in the said road w.idening. However, respondent No.2 will follow- due procedure laid down under la'"v
4. In the light of the said submission, this writ petition is disposed of directing respondent No.2 not to demolish the subject property without following the due procedure laid down under law. If the subject property or part of it 1S required for any public purpose including road widening, liberty is granted to respondent No.2 to take steps in accordance with law. There sha_Il be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. SD/. K.AMMAJI ASSIST N REGISTRAR //TRUE COPY// S TION OFFICER To, '1. TheCommissioner, Choppadandi Municipality, Choppadandi, Karimnagar District.
2. One CC to Sri N. Hari Prasad, Advocate tOpUCI
3. Two CCs to GP for Municipal Administratibn.Urb6n Development, High Court for the State of Telanqana. at Hvderabad IOUTI
4. One CC to Sri M. Rari Mohan Fieddy, SC'tOptjCI
5. Two CD Copies rJ Yc PSK
I HIGH COURT DATED:1311112024 \E SIArg (
ORDER
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a 0 3 FEB 2m5 WP.No.31657 of 2024 * D5,SPATCHcf) DISPOSING OF THE WRIT PETITION WITHOUT COSTS 7qI t n\