← Library
High Court for State of TelanganaWP/18274/2017disposed of no costs

G.Bhagya Lakshmi, W/O. G.Dasarath, v. The State Of Telangana,

2017-06-08Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.18274 OF 2017 ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:- "to issue appropriate Writ, Order or Direction more particularly one in the nature of 'Writ of Mandamus' declaring the action of the respondents 2 to 4 herein and their staff without due process of law interfering with the petitioners private property i.e., building/apartment (Stilt + 5 Floors) constructed on Plot Nos.129 admeasuring 428 Square yards and admeasuring sq.yards, total admeasuring 824 sq.yards situated in Sy.Nos.

42 to 45 and 54, situated at Kondapur Village, Serilingampally Mandal, under Greater Hyderabad Municipal Corporation Limits, Ranga Reddy District and threatening to demolish the said building alleging to be unauthorized construction on the Government land, in spite of the petitioners having clear titles, obtained Regularization of Unapproved Layout vide Proceedings in LRS27082016020909, dated 27.08.2016 issued by the 3rd respondent herein and also the construction permission vide Permit No.1/C/11/02762/2016, dated 15.12.

2016 issued by the 3rd respondent for the construction of the said building/apartment (Stilt + 5 Floors), as illegal, arbitrary, and in violation of Article 300-A of the Constitution of India, apart from being violative of principles of natural justice, and consequently direct the respondents not to interfere with the petitioners above said private property without following due process of law."

2.

The main grievance of the petitioners is that respondent Nos.2 to 4 are interfering with their aforesaid property without following the due process of law.

3.

Heard and perused the material available on record.

4.

Learned Standing Counsel appearing for respondent Nos.2 and 3 and the learned Government Pleader for Revenue appearing for respondent No.4 submitted that if respondent Nos.2 to 4 intend to take any action, they will follow the due process of law by way of issuing notice to the petitioners.

5.

Recording the aforesaid submission, this Writ Petition is disposed of. There shall be no order as to costs. 6.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO Date : 08.06.2017 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.18274 OF 2017 Date: 08.06.2017 AMD