Smt. D. Pushpa v. State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.47809 of 2018 ORDER:

The prayer of the petitioners in this case reads as under: 'For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble court may be pleased to issue an appropriate writ, or order or direction, more particularly, one in the nature of Writ of Mandamus, declaring the action of the 4th respondent in threatening to demolish the structures in the houses of the petitioners in Sy.Nos.697, 809 and 808/Part, situated in Jawahar Nagar Village, Shamirpet Mandal, Medchal - Malkajgiri District without issuing any notice to the petitioners, as highly illegal, arbitrary and unconstitutional being violative of Articles 14, 21 and 300-A of the Constitution of India and violative of principles of natural justice and consequently direct the respondents 2 to 4 herein not to demolish any portion of the houses of the petitioners in Sy.

Nos.697, 809 and 808/Part, situated in Jawahar Nagar Village, Shamirpet Mandal, Medchal -Malkajgiri District without following the due procedure laid down in law and pass such further or other order or orders that may deem fit and proper in the circumstances of the case.' Though documents are filed by the petitioners in support of their claim over the subject lands and structures, perusal thereof reflects that they are only unregistered agreements of sale wherein their vendors did not even state as to how they claimed to be sole and absolute owners of the plots mentioned therein. Further, no plot numbers are mentioned in the prayer of the writ petition and it is not even clear as to whether the structures said to have been constructed by the petitioners herein have been allotted any house numbers.

No mention is made even in the supporting affidavit of any house numbers having been allotted to the petitioners. In the light of these vague pleadings, the writ petition cannot be entertained for adjudication.

On that short ground, the writ petition is dismissed. This order shall not preclude the petitioners from availing appropriate remedies in accordance with law with full particulars and details. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTI CE SANJAY KUMAR Date:02.01.2019 PGS