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High Court for State of TelanganaWP/48031/2018disposed of no costs

Smt. M.E. Usharaii v. The State Of Telangana

2019-01-02Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.48031 of 2018 ORDER:

This writ petition is filed seeking to declare the action of the respondents in trying to demolish the petitioner's land in the house bearing No.12-11-1182/A, situated at Circle No.29 of Boudha Nagar, Warisguda, Secunderabad, without issuing any notice and without acquiring the same under Land Acquisition Act, 2013, as illegal and arbitrary.

2.

The petitioner purchased the house bearing No.12-11-1182/A, admeasuring 73.00 or 61.02 sq.yards in Plot No.D1 from Mrs. Thulja Bai, through registered sale deed dated 15.09.2003 and since then, he is residing in the said premises by doing milk business. Subsequently, he demolished the old house and for constructing a new shed, he purchased the material. Though he made a representation dated 21.12.2018 to the 3rd and 4th respondents seeking permission to construct the shed in his land, no action has been taken thereon. However, the authorities of the respondent Corporation came to his land on 24.12.2018 and trying to demolish the house property of the petitioner.

3.

Except making the aforesaid allegations in the writ petition, no material is placed before this Court. Even, the representation dated 21.12.2018 submitted by the petitioner does not indicate

CKR, J W.P.No.48031 of 2018 with regard to obtaining any permission before making construction of shed, which he desires to construct. 4.

In those circumstances, the Writ Petition is disposed of, giving liberty to the petitioner to make appropriate application to the second respondent-Commissioner seeking permission to construct the shed by paying the requisite fee, and on receipt of such application, the second respondent shall consider and pass appropriate orders in accordance with law. No order as to costs. Miscellaneous Petitions, if any pending in this writ petition, shall stand closed.

_________________________ CHALLA KODANDA RAM, J 2nd January, 2018 sj