HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.18 of 2015

ORDER:

This writ petition is filed seeking following relief: “To declare the action of the respondent Nos.3 to 5, in seeking to demolish the house bearing municipal No.3-9-701, Yadava Nagar, Hanamkonda, Warangal by giving marking up to 30 feet on the building for the purpose of road widening without following due process of law, as illegal and arbitrary.”

2. Heard Sri Vanam Vishwanatham, learned counsel for the petitioner, Ms. Hamsini, learned counsel representing Sri Pasham Mohith Reddy, learned Standing counsel for respondent No.3, Sri Mirza Safiullah Baig, learned Standing counsel for respondent No.4 and learned Assistant Government Pleader for Roads and Buildings.

3. Learned counsel for the petitioner would submit that petitioner is the absolute owner and possessor of house bearing municipal No.3-9-701, Yadava Nagar, Hanamkonda, Warangal Town and District (for short “the subject property”) through a registered sale deed bearing document No.8799 of 2006, dated 09.03.2006; that the property has been mutated in the name of petitioner vide proceedings dated 10.05.2012. While the matter stood thus, respondent Nos.3 to 5 came to subject property and made a marking up to 30 feet of property for demolition for the proposed road widening from 100 feet to 150 feet. He would further submit that without following due process of law and without acquiring land in accordance with the provisions of the Land Acquisition Act, respondents are proceeding to demolish the structures of the subject property. Aggrieved by the same, present writ petition is filed.

4. This Court vide order dated 07.01.2015, granted interim stay not to demolish the subject property.

5. Learned Standing counsel for respondent No.3 would submit that proposed road widening from 100 feet to 150 feet has not been taken up. He would further submit that whenever, road widening is taken up, respondents would follow due process and take further steps in accordance with law.

6. Considering the submissions made by learned counsel for the petitioner as well as learned Standing counsel for respondent No.3, the writ petition is disposed of, with a direction to respondents not to interfere with the possession of the petitioner over the subject property except in accordance with law. It is made clear that the respondent No.3 is not precluded from taking up road widening by duly following procedure and acquiring the subject property in accordance with law. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

___________________________________ LAXMI NARAYANA ALISHETTY, J DATE: 09.10.2025 ssy