Telangana High Court
WP/25294/2004 of Ali Mohammad, Vs The Gram Panchayat, on 31 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.25294 of 2004 Between: 1 Ali Mohammad, S/o Nasar Mohd, H.No. 1-169, R/o Ramadugu, M.R.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE V.V.S.RAO
WRIT PETITION No.25294 of 2004
Between:
1 Ali Mohammad, S/o Nasar Mohd, H.No. 1-169, R/o Ramadugu, M.R. Ramadugu,Karimnagar District.
2 Gudise Shankaraiah, S/o Raghavulu, R/o H.No. 2-21.
3 Madichetti Ramesh, S/o Hanmandlu, H.No. 2-26, 4 Bodla Laxman @ Lachaiah, S/o Narsaiah, R/o H.No. 3-58, 5 Bodla Rajesham, S/o Rajaveeru, R/o H.No. 3-62/1, 6 Kothakonda Anjaneyulu, S/o Venkatesham, H.No. 2-27, All R/o Ramadugu, M.R. Ramadugu, Karimnagar District. H.No. 2-27, All R/o Ramadugu, M.R. Ramadugu, Karimnagar District.
..... PETITIONERS
AND
The Gram Panchayat, Ramadugu, M.R. Ramadugu,Karimnagar District, rep. by its Panchayat Secretary.
.....RESPONDENT
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a writ, order or direction, more demolish the residential houses bearing GramPanchayat H.No.1-169, 2-21, 2-26, 3-58, 3-62/1 and 2-27 belong to the petitionersrespectively, situate at Ramadugu, M.R. Ramadugu, Karimnagar District bydeclaring the action of the respondent in trying to demolish the residential houses asillegal, arbitrary and violative of Article 300-A of Constitution of India withoutfollowing due process of law.
Counsel for the Petitioners: MR.P.V.NARAYANA RAO
Counsel for the Respondent: SMT.JYOTHI ESWAR GOGINENI
The Court made the following:
THE HON’BLE SRI JUSTICE V.V.S.RAO
WRIT PETITION No.25294 of 2004
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ORDER:
The petitioners are residents of Ramadugu village in Karimnagar District. TheVillage Secretary of the Gram Panchayat of the said village issued a notice to thepetitioners, English translation of which, reads as under.- GRAM PANCHAYAT OFFICE, RAMADUGU
M.R.:Ramadugu, District: Karimnagar
Date: 28-12-2004.
N O T I C E
Sub:- Notice given to remove the houses for widening the main road in the limits of Ramadugu village – Regarding.
Ref:- Resolution dated 17-8-2004 and letter of Assistant Engineer (R&B) Karimnagar No.S/AE/R&B/B/2004, dated 16-12-2004.
***
It is to inform Sri Ali Mohammad S/o.Nasar Mohammed that in the programme of widening theMain road of Ramadugu your H.No.1-69 is objectionable on road as such on receiving the notice within2 days, as marked by us, you have to remove your house boundaries. Treat it as Last notice. If youhave not removed within 2 days time, our personnel will remove the same.
Sd/- xx xxVillage Secretary,G.P. Ramadugu.
//true copy//
Sd/- xx xxCounsel for petitioners
The apprehension of the petitioners is that even before they raise objections,the respondent might demolish the properties for the purpose of widening the road.As the time granted, according to the petitioners, is not sufficient, a week’s time is granted to them to file all their objections before the Gram Panchayat, Ramadugu.Unless and until their objections are considered, no coercive action shall be takeninsofar as the petitioners are concerned.
The writ petition, with the above observations, is disposed of.
December 31, 2004.
YS
NOTE:
Issue WIRE at
Party’s cost.
(B/o)
ys
_____________
V.V.S.RAO,J
To
1. The Panchayat Secretary, Gram Panchayat, Ramadugu, M.R. Ramadugu,Karimnagar District.Karimnagar District.
2. Two C.D. Copies.