Telangana High Court
Smt. Muntha Ailamma And 5 Others vs The State Of Telangana And 5 Others on 7 March, 2022
Author: P.Madhavi Devi
Bench: P.Madhavi Devi
THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI
WRIT PETITION No.12081 of 2022
ORDER:
This writ petition has been filed seeking a writ of mandamus declaring the action of the 3rd and 6th respondents in trying to dispossess the petitioners and demolish their properties without issuing notice to the petitioners for road widening without following the due process of law as illegal, arbitrary and violative of principles of natural justice.
2. It is submitted by the petitioners that they are individual owners of separate houses and living in the same area Ibrahimpatnam Village and Mandal, Ranga Reddy District. The petitioners are owners and possessors of houses bearing Nos.10-71 and 10-72, admeasuring 283 square yards (part), situated at Ibrahimpatnam Village and Grampanchayat and Mandal, Ranga Reddy District, now presently comes under the Ibrahimpatnam Municipality. The same was purchased by the 1st petitioner through registered Sale Deed bearing Document No.400 of 2013, dated 07.01.2013, registered at S.R.O., Ibrahimpatnam from his vendor 2 PMD,J W.P.No.12081 of 2022 Manchikanti Ramchandraiah and 3 others by paying valuable sale consideration under dismantle possession. Petitioners 2 to 6 are neighbours of the 1st petitioner and living in the same street. The petitioners are living in their respective properties in peaceful manner by leading their respectable lives and families. It is also submitted that on 04.03.2022 the 3rd respondent is stated to have been issued a letter to the Collector and the Additional Collector of Ranga Reddy District, who are respondents 4 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 authority from 05.03.2022 onwards duly 3 PMD,J W.P.No.12081 of 2022 clearing the encroachments on the road. When the petitioners came to know about this letter, they immediately rushed to this Court and filed this writ petition.
3. The learned counsel for the petitioners submits that the petitioners are in possession of their respective properties and the contentions or allegations that the subject properties are in Gramakantam is without any basis. He submits that even if the petitioners are unauthorized occupants, due process of law has to be followed and without issuing notices to the petitioners, the action of the respondents' of trying to demolish the properties of the petitioners is illegal and arbitrary.
4. 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.
5. Having regard to the rival contentions and the material placed on record, it is seen that the 3rd respondent has come to the conclusion that the properties of the 4 PMD,J W.P.No.12081 of 2022 petitioners are in Gramakantam and therefore, no notice is required to be issued. However, the basis for coming to the conclusion that the houses of the petitioners are 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 Revenue authority to come to the conclusion that the houses of the petitioners are in Gramakantam. In view thereof, this Court is of the opinion that the action initiated by the 3rd 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 properties of the petitioners without following due process of law.
6. Accordingly, this Writ Petition is disposed of. No order as to costs.
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7. Miscellaneous applications, if any pending, shall stand closed.
_______________________ P.MADHAVI DEVI, J Date: 07.03.2022 KL