HON’BLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION No.15161 of 2025

ORDER

This Writ Petition is filed seeking the following relief:-

“ ... to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus in declaring the action of Respondents herein in making and attempting to demolish the properties bearing Municipal Nos.9-3-76 and 77 and 9-3-82 to 91 situated at Station Road Khammam as illegal, arbitrary and contrary to Article 300A of Constitution of India and consequently direct the respondents to follow the procedure contemplated under the Municipal Corporations Act and The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 Act 30 of 2013 as per the orders passed by this Honourable Court in W.P.No.846/2021.”

2. Heard Ms.C.Asawari, learned counsel representing Ms.A.Jayashree, learned counsel for the petitioners, learned Assistant Government Pleader for Municipal Administration for respondent No.1 and Mr.P.Sreedhar Rao, learned Standing Counsel for respondent No.2.

3. With the consent of learned counsel for the parties, the writ petition is being disposed of at the stage of admission.

4. Learned counsel for the petitioners submitted that petitioners are the absolute owners and possessors of the properties bearing Municipal Nos.9-3-76 and 77, 9-3-88 to 90 and 9-3-91, 9-3-85 to 87 and 9-3-82 to 84 respectively situated at Station Road, Khammam. She further submitted that respondents are trying to demolish the properties of the petitioners under the guise of widening of road, without issuing any notice and without following due process of law as contemplated under the provisions of either the Greater Hyderabad Municipal Corporation Act, 1955 (for short, ‘the GHMC Act’) or the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, ‘Act

30 of 2013’).

5. Learned Standing Counsel, basing on the written instructions furnished by respondent No.2 dated 20.05.2025, submitted that the properties of the petitioners are situated abutting the 60 feet wide road and respondent Corporation only conducted survey and not taken any steps to demolish the properties of the petitioners. He further submitted that if the subject properties of the petitioners are required for the purpose of road widening, the respondent Corporation will follow the due process of law, either under the provisions of the GHMC Act or Act 30 of 2013 and the writ petition filed by the petitioners is premature one.

6. Taking into consideration the submissions made by the learned Standing Counsel, this Court deems it appropriate to direct respondent No.2 not to dispossess or demolish the properties of the petitioners, without following due process of law.

7. With the above direction, the writ petition is disposed of. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

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JUSTICE J. SREENIVAS RAO Date: 21.05.2025 Note: Issue CC by 22.05.2025 b/o vsl/sa