P. Madhusudhan Rao S/O Late P. Subba Rao v. The State Of Telangana Rep. By Its Principal Secretary,
THE HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY W.P.No.17385 OF 2017 ORDER :
This writ petition is filed for a Mandamus to declare the action of the respondent Nos.2 to 5 in trying to demolish the houses of the petitioners in Sy.No.580 being H.No.1-4-213/1/21 ( Plot No.21) of Sadhana Vihar Colony and H.No.1-4-210/10 ( Plot No.10) of Padma Jyothi colony of Kapra(v), Keesara Mandal, RR District, without issuing any notice and without initiating any proceedings under the Land Acquisition Act, as illegal, arbitrary and violative of Article 300-A of the Constitution of India.
The case of the petitioners is that the petitioner Nos. 1 and 2 purchased the plot an extent of 300 Sq.yards in Plot No.21 in Sy.No.580 situated at Sadana Vihar Colony, Kapra, Keesara (M), Rangareddy District, presently in Medchal-Makajgiri District, under a registered sale deed No.3296/2009 dt. 11.11.2009 for valuable consideration from their vendor. After obtaining permission on 28.8.2010 from the GHMC, they started construction of a house, as per the sanctioned plan, and their plan was regularized by collecting regularization charges. Later, the husband of petitioner No.3 by name P. Swamy Das purchased 278 sq.yards in Plot No.10 in Sy.No.580 situated at Padma Jyothi Colony, Kapra, Keesara Mandal, through registered sale deed dt. 20.12.2000 for valuable consideration and thereafter he also obtained permission from GHMC on 30.07.2011 and constructed a house and the same was assessed by the respondent No.3 vide H.No.1-4-210/10 and it was also regularized by the respondent No.2 on 25.01.2010 by collecting regularization fee. Now the grievance of the petitioners is that
respondents, without issuing any prior notice, are trying to demolish their houses. Hence, the present Writ Petition. Heard both sides.
Learned counsel for the respondent Nos. 2 and 3 submits that the respondents would follow due process of law, before taking any action against the petitioners.
Recording the submission of the learned counsel for the respondents, this Writ Petition is disposed of, directing the respondents not to demolish the houses of the petitioners without following due process of law.
As a sequel, miscellaneous petitions, if any, pending in this writ petition shall stand closed.
_____________________ A. RAJASHEKER REDDY, J Dt.25.05.2017 Eha
THE HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY W.P.No.17385 OF 2017 25.05.2017 eha