Mohd Jahangir v. The State Of Telangana,

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO W.P.No.24182 of 2017

ORDER

Heard learned counsel for the petitioners and learned Government Pleader for Revenue appearing for the 2nd respondent.

This writ petition is filed challenging the action of the respondents in seeking to demolish the house property bearing H.Nos.3-126, 3-127 & 3-128 situated at Urumadla Village, Chityal Mandal, Nalgonda District, for the purpose of road widening without issuing any notice.

Learned Government Pleader, based on written instructions received from the District Collector, Nalgonda, submitted that on enquiry with the Executive Engineer, R&B Nalgonda, it came to light that the petitioner constructed the house by encroaching the gram panchayat land and now, as there is a proposal to lay CC road in Urumadla Village of Chityal Mandal, alignment was marked for formation of the road.

Learned counsel appearing for the petitioner, on the other hand, submits that the house was constructed 20 years back, it

was assigned house number and the petitioner has been paying taxes.

In such an event, the respondents have to issue proper notices to the petitioner before taking any action even though he has encroached the gram panchayat land.

In the circumstances, the writ petition is disposed of directing the respondents to issue appropriate notices to the petitioner and give an opportunity to submit his objection and after considering the objections pass appropriate orders. Till such time, the respondents shall not interfere with the petitioner's possession of the subject house. No costs. Miscellaneous petitions, if any, pending shall stand closed. ____________________________________ JUSTICE A.RAMALINGESWARA RAO 1st August, 2017 rkk