Telangana High Court
WP/28929/2008 of Chinta Maisamma Vs The Greater Hyderabad Municipal Corporation [GHMC] on 30 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28929 of 2008 Between: ..... PETITIONER(S) AND .....RESPONDENT(S) Petition under
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION NO : 28929 of 2008
Between:
AND
..... PETITIONER(S)
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to to issue an appropriate writ, order or direction more particularlyone in the nature of Writ of Mandamus declaring the action of therespondents in attempting to evict the petitioners from their respectivedwelling units without recourse to due process of law and causing anynotices by meting out oral threats as bad, illegal, unconstitutional,violative of Articles 14,21, 300-A of the Constitution of India and principlesof natural justice and to pass Counsel for the Petitioner:MR.T.JAGDISH
Counsel for the Respondent No.: M.DHANANJAY REDDY(SC FORHUDA)
The Court made the following :
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..... REGISTRAR
SECTION OFFICER
Form-NIC-OGS/WP{}
THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA
WRIT PETITION No.28929 of 2008
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ORDER:
The petitioners approached this Court with the following prayer:
“to issue an appropriate writ, order or direction, more particularlyone in the nature of Mandamus declaring the action of therespondents in attempting to evict the petitioners from theirrespective dwelling units without recourse to due process of lawand causing ay notices by meeting out oral threats as bad, illegal,unconstitutional, violative of Articles 14, 21, 300-A of theConstitution of India and Principles of Natural Justice and to passsuch appropriate order or orders.”
According to the petitioners they occupied the lands in question asearly as in 1970s and since then they are residing therein by raising smallhuts. Accepting the possession, electricity connections were given andGreater Hyderabad Municipal Corporation also gave door numbers. The petitioners made representations for allotment of pattas in respect oftheir occupation of the lands in question and also seeking regularizationas provided under the relevant Government orders. In the meanwhile therespondent authorities are threatening the petitioners that their occupationis unauthorized and they have to vacate the lands in question. Hence, thepetitioners approached this Court by filing the present writ petition.
Heard the learned counsel for the petitioners and Smt. Kalpana Ekbote, learned standing counsel for Greater HyderabadMunicipal Corporation. Even if it is accepted that the petitioners areencroachers and they do not have any right whatsoever over the lands inquestion, for recovery of their long possession since 1970s, therespondent authorities ought not to have taken such coercive stepswithout following due process of law.
Accordingly the writ petition is disposed of with a direction to therespondents not to dispossess the petitioners from the lands in question without following due process under law. No costs.
____________________________
(GOPALA KRISHNA TAMADA, J)
30[th] December, 2008 GHN
To1 The Kakatiya Urban Development Authority, Warangal, rep. by itsVice Chairman.
2 The Warangal Municipal Corporation, Warangal, rep. by itsCommissioner.
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Form-NIC-OGS/WP{KURR}