HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY .THE ELEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI wRlT PETITION NO: 18365 oF 2022 Between:
l\,,lahsan Bin l\,4ohammed, S/o.Mohammed Bin Ahmed, Aged about 62 years, Occ. Business, R/o.H.No.'1-4-13411, Kamala Nehru Colony, Near Raghavendra Swamy Temple, l\,'lahabubnagar town, lvlahabubnagar District ...PETITIONER ANO
1. The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat at Hyderabad
2. The l\,4ahabubnagar Municipality, Represented by its Commissioner, l\,4ahabubnagar town, I\,4ahabubnagar District
3. The Executive Engineer, Roads and Building Department, lVahabubnagar, l\,4ahabu bna gar District
4. The District Collector, Mahabubnagar District, Mahabubnagar.
...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, particularly one in the nature of Writ of l\,4andamus declaring the action of the respondents in trying to demolish the petitioner's house property bearing H.No-4-134/1 situated at Kamala Nehru Colony, Near Raghavendra Swamy Temple, l\,4ahabubnagar town, Mahabubnagar District for the purpose of widening of the existing road leading from Geetha Hotel Lane to Premnagar Chourasta without marking, without prior noljce as illegal and arbitrary and Article 300-A of the Constitution of lndia and contrary to the provisions of Telangana l\,4unicipalities Act, 2019 and rules made there under and direct the respondents not to demolish the house property of the petitioner.
lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to demolish the house property of the petitionels house property bearing H.No-4-134/1 situated at Kamala Nehru Colony, Near Raghavendra Swamy Temple, Mahabubnagar town, Mahabubnagar District without due process of law, pending disposal of the above writ petition.
Counsel for the Petitioner:SRl. R,R.KALYAN Counsel for the Respondents: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2: SRl. N.PRAVEEN KUMAR (SC FOR MC)
Counsel for the Respondent No.3: GP FOR ROADS AND BUILDING DEPARTMENT counsel for the Respondent No.4: GP FoR REVENUE The Court made the following: ORDER HON'BLE SMT. JUSTICE LALIT}IA KANNEGANTI , 1l/RIT PET ION o. 183 5 of 20o.)
ORDER:
This writ petition is filed to declare the action of respondents in trying to demolish the petitioner's house property bearing No.4-134/ 1 situated at Kamala Nehru Colony, Near Raghavendra Swamy Temple, Mahabubnagar Town, Mahabubnagar District for the purpose of widening of the existing road leading from Geetha Hotel Lane to Premnagar Chourasta without marking, without prior notice as illegal and arbitrary.
2. Mr. R.R.Kalyan, learned counsel for the petitioner submits that the petitioner has purchased the subject house property by way of registered sa'le deed in the year 2015 and he has been paying the proPerty tax regularly and has made an application to the 2"d respondent Muncipalities for sanction of building permission consisting of ground + first floor and also building permission was granted on 15.06.2o16. He submits that all of a sudden, the respondents carne to his house and started marking the same and trying to demolish the property of petitioner for the purpose of road widening. He submits that the respondents without following i (
due process of law and without issuing any notice are (
threatening to interfere with the possession of the petitioner over the house property arld hence, the petitioner has W.1,.No.18365 o1202 2 approached this Court.
3. Mr. N. Praveen Kurnar, learned Standing Counsel for Municipalities appearing for respondent No.2 submits that as per the site map, there is existence of 6ofeet wide road, but the existing road is only 2ofeet and they are not proposing to widen the road and they are clearing only the encroachments on the 2ofeet road. He submits that if the petitioner has encroached the road, they will issue a notice and after following the due process only, they will evict the encroachment.
4. Recording the submission of the learned Standing Counsel, the Writ petition is disposed of directing the respondent authorities not to interfere with the petitioner's possession and enjoyment over the house property, without following due process of law. There shall be no order as to costs.
Consequently, the miscellaneous Applications, if any sha-ll stand closed.
SD/-G. SIREESHA ASSISTANT REGISTRA //TRUE COPY//
SECTIO OFFICER To, The Princioal Secretary, Municipal Administration and Urban Development
I
2.Thecommissioner,Mahabubnagartvlunicipality,Mahabubnagartown'
Mahabubnagar District
3. The Executive Engineer' Roads and Building Department' Mahabubnagar'
Mahabubnagar District
4. The District Collector, Mahabubnagar District' Mahabubnagar'
5. One CC to SRl. R.R KALYAN Advocate IOPUC]
6. Two CCs to GP FOR MCPL ADIVIN URBAN DEV'High Court for the State of Telangana lOUTl
7 one CC to SRI N.PRAVEEN KUMAR (SC FOR MC)' Advocate [OPUC]
8. Two CCs to FOR ROIDS AND BUILDING DEPARTMENT'HIgh Court for ihe State of -TGePla ngana IOUTI
9. TwoCCsto GPFORREVENUE' High Court for the State of Telangana'
tourl
10.Two CD CoPies I One SPare CoPY
-t HIGH COURT i DATED:1 110412022 I ,}
.dE STA
1 !.s ( \\ J o 12 JUI- 2022 r_) .\
ORDER {'
WP.No.18365 of 2022 frE 5 ttD.-r DISPOSING OF THE WP WITHOUT COSTS.
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