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High Court for State of TelanganaWP/21208/2016disposed of no costs

Dande Bala Chandrudu, v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

2016-06-30C.Praveen Kumar3 pages

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No. 21208 of 2016 ORDER :

This Writ Petition came to be filed with the following prayer:

"...to issue an order or direction, more in the nature of Writ of Mandamus, declaring the action of the respondents in trying to demolish part of shops of premises belonging to the Petitioner viz., D.No.6-1 and 6-78-1, situated at Vinayakanagar, Gandhi Road, Proddatur Town, YSR Kadapa District without issuing any notice or initiating acquisition or requisition proceedings, without following due process of law as being illegal, arbitrary, unjust, improper and is in negation of the established Judicial Precedents besides in violation of Articles 14, 21 and 300-A of the Constitution of India apart from in violation of principles of natural justice and fair play and consequently direct the respondents not to demolish the premises belonging to the petitioner D.No.6-1 and 6-78/1, situated at Vinayakanagar, Gandhi Road, Proddatur Town, YSR Kadapa District, and pass.."

2. Heard the learned counsel for the petitioners and Sri MD. Saleem, learned Standing Counsel for respondents 2 and 3. At the request of both the counsel, the Writ Petition itself is taken up for disposal at the stage of admission.

3. Learned counsel for the petitioners submits that the petitioners are owners of shops bearing D.No.6-1 and 678/1 situated at Vinayakanagar, Gandhi Road, Proddatur Town, YSR Kadapa District and are in possession and

enjoyment of the said property, but they are sought to be dispossessed by respondents 2 and 3 without following due process of law. On the other hand, learned Standing Counsel appearing for respondents 2 and 3 states that the said land is required for road widening purpose and the respondents 2 and 3-authorities will follow due process of law for acquiring the same.

4. Recording the said statement, the Writ Petition is disposed of directing the respondents 2 and 3 authorities not to dispossess the petitioners from the aforesaid land or demolish structures in the said property, without following due process of law. Miscellaneous petitions pending, if any, in the Writ Petition shall stand closed in the light of this final order. No order as to costs. ______________________ C.PRAVEEN KUMAR, J 30.06.2016 DRK THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR

W.P.No.21208 of 2016 30.06.2016