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2020 Supreme(Telangana) 137

T.VINOD KUMAR
Country Side Realtors India Pvt. Ltd. – Appellant
Versus
State of Telangana, Rep. by its Principal Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. Sarang Afzulpurkar, Sri. L. Ravi Chander.
For the Respondents: Sri. Y. Rama Rao, Sri. G. Narender Reddy, Sri. A. Venkatesh, Sri. A. Purusotham Reddy.

Judgement Key Points

The legal document discusses the legal principles governing administrative and quasi-judicial powers, emphasizing the thin line that separates them and the importance of acting fairly and justly in exercising such powers. It highlights that any administrative action with civil consequences must adhere to principles of natural justice, including providing notice and an opportunity to be heard, to prevent arbitrariness and ensure fairness.

The case primarily concerns the validity of actions taken by authorities in relation to land development, layout approval, and road vesting issues. The petitioner claims ownership of land in Survey Nos. 98 and 99, which was originally agricultural land converted for non-agricultural use. The petitioner had obtained a draft layout sanction from the relevant authority, but due to the area being brought under the jurisdiction of HMDA, the draft sanction was considered closed, and no final layout permission was issued.

The authorities relied on the draft layout to assert that roads shown therein vested with the Gram Panchayat and are public roads, thereby justifying actions such as removal of obstructions and laying of roads by the authorities. However, the petitioner contends that no final layout permission was granted, and the draft sanction alone does not confer ownership or vesting rights over the roads.

The authorities, on the other hand, argue that the roads vested with the Gram Panchayat either through statutory rules or due to the petitioner’s failure to execute necessary deeds, and that they acted within their powers to remove obstructions and regulate land use. They also claim that the petitioner has sold a significant portion of the land and thus does not have absolute ownership over the entire extent claimed.

The court found that the impugned actions lacked adherence to natural justice principles, as the authorities did not provide proper notice or opportunity to the petitioner before issuing directives that affected their rights. The actions were deemed to be motivated by ulterior motives, and the order was set aside. The court emphasized that any further action should follow due process, including proper notice and opportunity for the petitioner to be heard. The court also acknowledged that the highest district authority was responsible for ensuring rule of law, and its failure to follow fair procedures was a serious procedural lapse.

In conclusion, the court allowed the writ petition, set aside the impugned order, and granted liberty to the authorities to initiate proceedings afresh, following due process, to address the land and road issues. The court underscored the importance of fairness, transparency, and adherence to legal procedures in administrative actions affecting civil rights, especially when fundamental rights and property interests are involved.


ORDER :

1. The present writ petition is filed under Article 226 of the Constitution of India for issue of a Writ of Mandamus to declare the action of 2nd respondent-District Collector (PW) Ranga Reddy, in issuing the impugned Memo No. 4505/2019/B1/Pts/1, dated 02.06.2020 directing the respondent Nos. 4 and 5 to remove the obstructions in the DTCP LP No. 2306/2007/29-2008/H under Sections 53 and 144 of the Telangana State Panchayat Raj Act, 1994 and give compliance report to his office by 10.06.2020 without fail, as being arbitrary, illegal, unconstitutional, against the principles of natural justice and in violation of the fundamental rights of the petitioner company under Articles 14, 21 and 300-A of the Constitution of India and to set aside the said memo, with a consequential directions to (i) the respondents 1 to 5 to return/restore the land belonging to the petitioner in Survey Nos. 98 and 99 situated at Mokila Village, Sankerpally Mandal, Ranga Reddy District, on which respondents 2, 4 and 5 illegally laid road in Mokila Village as it was prior to laying of the said road on 06.06.2020; (ii) the respondents 2 to 11 not to interfere in the peaceful possession of the petitioner’s

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