Telangana High Court
Mohammed Muktar Ali vs The State Of Telangana on 11 February, 2022
Author: P.Madhavi Devi
Bench: P.Madhavi Devi
THE HONOURABLE SMT. JUSTICE P.MADHAVI DEVI
W.P.NO.7700 OF 2022
ORDER:
This Writ Petition has been filed by the petitioners seeking 'Writ of Mandamus' declaring the action of Respondent No.2 in proposing to demolish a width of 1'feet i.e. part of property bearing H.No.4-5-78, situated at Ahmedpura Locality of Karimnagar District, without following due process of law, particularly without initiating Land Acquisition proceedings and without paying any compensation to the petitioners, as arbitrary and illegal.
2. Learned counsel for the petitioners submits that the respondents have marked a portion of their building for demolition without following any due process of law.
3. Sri V.Satyam Reddy, learned Standing Counsel representing Respondent No.2, on written instructions, submits that there is a proposal to develop the existing road of 50" feet and 40" feet wide road from DFO junction to Pass Port office via Rajiv Chowk and Ashoknagar Junction as per approved Master Plan GTP 2/1997 and therefore, the office has issued notices to the petitioner No.2 on 21.01.2022 to submit copies of his property. However, since petitioner No.2 has failed to submit the documents, another notice was issued to him to attend for hearing on 02.02.2022, where after the petitioner No.2 appeared and submitted only building permission proceedings and Plan No.G2/31/2009, BA.No.270, dated 06.02.2010 and on perusal of the same, various deviations and constructions were noticed and particularly, that the building has been constructed by encroaching the road affected area and 2 further the petitioner has not submitted his ownership documents even after receiving two notices.
4. Taking the above submissions of the learned counsel for the petitioners as well as the respondents into consideration, the Respondent No.2 is directed to issue notices to the petitioners pointing out the deviations and encroachment of road as alleged by them in the written instructions and after considering the explanation given by the petitioners, the respondent No.2 shall proceed in accordance with law. The entire exercise shall be completed within a period of six (6) weeks from the date of receipt of copy of this order.
5. The Writ Petition is accordingly disposed of. There shall be no order as to costs.
Miscellaneous petitions if any pending in this Writ Petition, shall stand closed.
____________________________ JUSTICE P.MADHAVI DEVI Dt.11.02.2022 ysk 3 THE HONOURABLE SMT. JUSTICE P.MADHAVI DEVI W.P.NO.7700 OF 2022 Dated:11.02.2022 ysk