Telangana High Court
Gandham Rani vs State Of Telangana on 5 March, 2022
Author: P.Madhavi Devi
Bench: P.Madhavi Devi
THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
W.P. No.11916 of 2022
ORDER:
This writ petition has been filed seeking a writ of mandamus declaring the action of the 4th and 6th respondents in trying to dispossess the petitioner from the property bearing H.No.8-37/8/B, Ibrahimpatnam, Near MRO Office, Ranga Reddy district without issuing notice to the petitioner as illegal and arbitrary and violative of principles of natural justice.
It is submitted by the petitioner that she is living in the subject premises since 2002 onwards after purchase of the same by way of registered sale deed bearing document No.2502 of 2002 and there was no complaint or any action by any of authority with regard to the possession of the property by the petitioner till date. It is also submitted that on 04.03.2022 the 4th respondent is stated to have issued a letter to the Collector and the Additional Collector of Ranga Reddy District, who are respondents 3 and 5 herein, intimating that due to the widening of the road from Ambedkar Chowrastha to Mogullakunta Bypass, undertaken by R & B, there are houses which are old structures and are affected in the road widening and are to be removed accordingly. It is also mentioned that the houses are in the Gramakantam and therefore, notices were not issued and orally each and every house was visited and informed that the road widening is going to affect their houses and no compensation will be paid. It is also intimated that the process will be taken up with the help of the Police PMD, J W.P. No.11916 of 2022 2 authority from 05.03.2022 onwards duly clearing the encroachments on the road. When the petitioner came to know about this letter, she immediately rushed to this Court and filed this writ petition.
The learned counsel for the petitioner submits that the petitioner is in possession of the property and the contentions or allegations that the property is in Gramakantam is without any basis. He submits that even if the petitioner is in unauthorised occupant, due process of law has to be followed and without issuing notices to the petitioner action of the the respondents of trying to demolish the property of the petitioner is illegal and arbitrary.
The learned Standing Counsel Sri N.Praveen Kumar is also heard and he reiterated the contentions of the respondents as stated in the letter dated 04.03.2022.
Having regard to the rival contentions and the material placed on record, it is seen that the 4th respondent has come to the conclusion that the property of the petitioner is in Gramakantam and therefore, no notice is required to be issued. However, the basis for coming to the conclusion that the house of the petitioner is on the Gramakantam is not mentioned and there is no reference to any proceedings/record basis for the conclusion so reached. There is no reference to any finding of any authority leave alone PMD, J W.P. No.11916 of 2022 3 Revenue authority to come to the conclusion that the house of the petitioner is in Gramakantam. In view thereof, this Court is of the opinion that the action initiated by the 4th respondent vide letter dated 04.03.2022 to remove the alleged encroachments on the road without issuing any notice to the affected parties is in clear violation of principles of natural justice. In view thereof the respondents 3 to 5 are directed not to take any coercive steps against the property of the petitioner without following due process of law.
Accordingly, this writ petition is disposed of. No order as to costs. Miscellaneous applications, if any pending, shall stand closed.
___________________________ JUSTICE P.MADHAVI DEVI Date: 05.03.2022 Note: Furnish C.C. by today.
B/o.
LSK