Telangana High Court

WP/28753/2008 of Kajabojula Sambaiah Vs The Warangal Municipal Corporation, rep. by its on 29 December 2008

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28753 of 2008 Between: Kajabojula Sambaiah S/o.Late Rajaiah R/o.Choutparthi

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

MONDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENT

THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA

WRIT PETITION NO : 28753 of 2008

Between:

Kajabojula Sambaiah S/o.Late Rajaiah

R/o.Choutparthi Village, Parkal Mandal, Warangal District.

..... PETITIONER

AND

1 The Warangal Municipal Corporation, rep. by its Commissioner,Warangal.

2 The Kakatiya Urban Development Authority, Rep. by its ViceChairman, Warangal.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to to issue any appropriate Writ, order or direction moreparticularly one in the nature of Writ of Mandamus declaring the action ofthe respondents in trying to take away the possession of the petitionersland to an extent of Ac.0-18 Guntas in Sy.No. 573 (old), 581/2 (New)situated at Waddepalli, Warangal without following the due process oflaw, as illegal, arbitrary and contrary to provisions of the HyderabadMunicipal Corporation Act and consequently direct the respondents tofollow due process of law if the petitioners land is required for a publicpurpose and pass such other order or orders as this Hon’ble Court maydeem fit and proper in the circumstances of the case.

Counsel for the Petitioner: MR.R.SRIDHAR

Counsel for the Respondent No.1: MR.V.DURGA NAGESWARARAO

Counsel for the Respondent No.2: MR.VISVESWARA REDDY

The Court made the following :

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ORDER:

This writ petition is filed seeking a Writ of Mandamus declaring the action of the respondents in trying to take away thepossession of the petitioner’s land to an extent of Ac.0-18 guntas inSy.No.573 (old), 581/2 (New) situated at Waddepalli, Warangal,without following due process of law, as illegal, arbitrary andcontrary to the provisions of the Hyderabad Municipal CorporationAct and consequently sought for a direction to the respondents tofollow due process of law if the petitioner’s land is required for apublic purpose.

The grievance of the petitioner is that the respondents,without issuing any notice and without following due process of law,are trying to dispossess the petitioner from the land in question forthe purpose of road widening.

Heard both sides.

When once it is the case of the petitioner that he is theabsolute owner and possessor of the land in question, in myconsidered view, the respondents shall not interfere with hispossession and enjoyment of the land in question. Even if the samerequired for any public purpose, such as widening of roads etc., thesame shall be done only in accordance with law.

In the aforesaid circumstances, the writ petition is disposedof directing the respondents not to dispossess the petitioner fromthe land in question without following due process of law. No costs.

_____________________________

29-12-2008Note: C.C. by tomorrow.(Bo)Note: C.C. by tomorrow.(Bo)

(GOPALA KRISHNA TAMADA, J)

Gsn.

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