2024 Supreme(Online)(TS) 5972
THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.21353 OF 2022
ORDER
This writ petition is filed under Article 226 of Constitution of India seeking the following relief:
- “...to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondent No.6 in trying to lay CC Road and Drainage Pipe Line from the petitioner’s property by vide House No.1- 33/92 in Survey No.14, admeasuring 393.25 Square Yards situated at Kalyanpur Village, Renjal Mandal, Nizamabad District without following due process of law is against the principles of natural justice and violating the Fundamental Rights Guaranteed under Constitution which is illegal, arbitrary, unconstitutional, bad in law and consequently, direct the respondent No.6 not to lay CC Roads and Drainage Pipe Line in the petitioner’s property by vide House No.1-33/92 in Survey No.14, admeasuring 393.25 Square Yards situated at Kalyanpur Village, Renjal Mandal, Nizamabad District without following due process of law…”
2. Heard Learned Counsel for the petitioner, learned Government Pleader for Panchayat Raj appearing for the respondent Nos.1 to 4 and learned Standing Counsel for Gram Panchayat appearing for the respondent Nos.5 and 6. SK,J W.P.No.21353 of 2022 3. Learned Standing Counsel for Gram Panchayat submits that the respondent-Gram Panchayat will follow due procedure to lay CC road to the property of the petitioner.
4. In view of the submissions made by the both sides, the present writ petition is disposed of directing the respondents not to interfere with the possession of the petitioner in the subject property, without following due process of law. If the respondents want to acquire the land of the petitioner, they have to follow the procedure under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and issue notice to the petitioner. There shall be no order as to costs. 5. Miscellaneous petitions, if any, pending shall stand closed. _____________________ JUSTICE K.SARATH Date: 20.02.2024 BB