Eviction without due process and notice is impermissible under Article 226 of the Constitution.

ORDER:

“Learned counsel for the petitioners mainly submits that inspite of the letter dated 05-10-2015 issued by the Superintending Engineer, NSLBC O & M Circle, Tekulapally, Khammam, and communication of the said letter to the Government on 30-10-2015, respondent-authorities are trying to take steps to demolish the houses where the petitioners are living.

On the other hand, learned Standing Counsel submits that since the houses are in dilapidated condition, they are taking steps to evict the petitioners in terms of Division Bench Judgment of this Court in WP. No. 20756 of 2011, wherein this Court directed the concerned respondents to take steps for eviction, in accordance with law and complete the same within a period of three months from the date of communication of a copy of that order.

Learned counsel for the petitioners submits that no notices were issued to the petitioner for eviction.

Learned Government Pleader submits that he is not in a position to place on record the documents showing issuance of notices to the petitioners seeking their eviction before taking any coercive steps. However, learned counsel appearing on behalf of respondent Nos. 5 and 6 states that as on today they are not taking any steps for eviction of the petitioners.

Having regard to the circumstances of the case and the letter dated

05-10-2015 issued by the Superintending Engineer, NSLBC O&M Circle, Status quo with regard to the possession as on today shall be maintained till 25-01-2016.

Post on 19-01-2016. Meanwhile, respondents if so desire, can initiate the process of issuing notices in accordance with law.”

ASSISTANT REGISTRAR //TRUE COPY//

For ASSISTANT REGISTRAR To

1. The Principal Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad.

2. The District Collector, Khammam

3. The Revenue Divisional Officer, Khammam

4. The Tahasildar, Khammam Urban (M), Khammam District

5. The Principal Secretary, Major Irrigation & CAD Department, (ERD-

CE’S Estt), Telangana Secretariat, Hyderabad.

6. The Superintending Engineer, Nagarjuna Sagar left Bank Canal, O &

M, Tekulapally, Khammam, Khammam District. (Addressees 1 o 6 BY RPAD)

7. Two CCs to GP for Irrigation, (TG), High Court Buildings, Hyderabad (OUT)

8. Two CCs to GP for Revenue, (TG), High Court Buildings, Hyderabad (OUT)

9. One CC to Sri Kowturu Vinaya Kumar, Advocate (OPUC)

10. One Spare Copy HIGH COURT AB DRAFTEDON 6-1-2016 CPKJ DATE: 6-1-2016

ORDER

WP. NO. 41139 OF 2015 STATUS QUO