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High Court for State of TelanganaWP/8976/2015disposed of no costs

Smt. Yamsani Suvarna, v. State Of Telangana,

2015-04-17A.Rajasheker Reddy3 pages

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.8976 OF 2015 O R D E R :

This writ petition is filed seeking Writ of Mandamus declaring the action of the respondents in undertaking to demolish the house of the petitioner bearing H.No.4-24 situated at Pamulaparthi Village, Wargal Mandal, Medak District for laying road, without following due process of law, as illegal and arbitrary and for a consequential direction to the respondents not to demolish the house of the petitioner without following due process of law. The case of the petitioner is that she got married to one Sri Yamsani Narayana and he died on 15.05.2006. Her husband has two houses in Pamulpatri Village bearing Numbers 2-23 and 4-24 having an approach road to their houses through open land abutting their houses. The petitioner along with her children succeeded the said property and have been paying the tax to the 2nd respondent regularly.

The petitioner also states that as she has become old, she is staying with her son, who is doing business at Gajwel. While so, when her son went to the village on 29.03.2015, he was found that some persons are tying to demolish their house bearing No.4-24 and on enquiry he was informed that in order to lay a straight road, there house is being demolished. Aggrieved by the action of the 2nd respondent in demolishing their house without any notice or initiation of land acquisition proceedings, the present writ petition is filed.

Heard the learned counsel for the petitioner and the learned Standing counsel for the 2nd respondent.

This Court has granted status-quo order on 02.04.2015 and same is being extended from time to time. Today when the matter is taken up for hearing, the learned Standing counsel produced a letter dated 09.04.2015 signed by the Panchayat Secretary, Pamulapatri Gram Panchayat wherein it is clearly stated that the 2nd respondent is not trying to demolish the petitioner's house and also

no road is being laid in the said land.

Recording the aforesaid submission, this writ petition is disposed of directing the 2nd respondent not to demolish the petitioner's house without following due procedure envisaged under law. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending, if any shall stand closed. ____________________________ A.RAJASHEKER REDDY, J 17.04.2015 dv