Telangana High Court
WP/28633/2008 of G. Satyanarayana Vs Greater Hyderabad Municipal Corporation 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 : 28633 of 2008 Between: G. Satyanarayana S/o. Late G. Rajaiah R/o. H.No. 1-24,
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 : 28633 of 2008
Between:
G. Satyanarayana S/o. Late G. Rajaiah R/o. H.No. 1-24, Prabhath Nagar, Chaitanyapuri, Dilsukhnagar,Hyderabad.
..... PETITIONER
AND
1 Greater Hyderabad Municipal Corporation Tank Bund Road, Hyderabad, Rep. by its Commissioner.
2 Greater Hyderabad Municipal Corporation L.B. Nagar Municipality Ranga Reddy District, Rep. by its Deputy Commissioner.
.....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 issue a writ of Mandamus or any other appropriate writ or writsorder or direction declaring the action of the respondents in seeking to laydrainage pipe lines through the lands of the petitioner bearing Plot No. 15admeasuring 178 sq. yds in SY.No. 38,39,41,42 & 43 and Plot No. 107admeasuring 450 sq. yards situated at Byramalguda Village, SaroornagarMandal, Ranga Reddy District , as otherwise than in due process of law,as illegal, arbitrary without jurisdiction violative of principles of naturaljustice and violative of Art. 300-A of the Constitution of India and toconsequently direct the respondents herein not to lay drainage pipe linesthrough the above lands of the petitioner, Award costs and pass suchother or further order or orders Counsel for the Petitioner:MR.K.RAGHUVEER REDDY
Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SCFOR MCH 1,2,4&6
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ORDER:
It is the case of the petitioner that he is the absolute owner andpossessor of plot No.15 admeasuring 178 square yards in survey Nos.38,39,41,42 & 43 situated at Byramalguda Village, Saroornagar Mandal,Ranga Reddy District. Apart from that, he also purchased plot No. 107admeasuring 450 sq.yards, abutting plot No.15. In the first week ofAugust, 2008, when the officials of the 2[nd] respondent tried to laydrainage pipes through his plots, he made a representation, on 4.8.2008,to the respondent-authorities, but no steps have been taken. Again on26.12.2008, the officials of the 2[nd] respondent made preparations to laydrainage pipelines, for which he protested. The grievance of thepetitioner is that no notice has been issued nor any enquiry is conductedbefore resorting to illegal action, and straightaway, the respondents areseeking to enter into his property without acquiring the same under theprovisions of the Land Acquisition Act, 1894 or without obtaining anysanction as contemplated under the provisions of the HyderabadMunicipal Corporation Act.
Having heard the learned counsel for the petitioner and the learnedStanding Counsel for Greater Hyderabad Municipal Corporation, thisCourt is of the view that this writ petition can be disposed of, at theadmission stage, with a direction to the respondents not to dispossess thepetitioner from out of the lands in question, without following due processof law.
Accordingly, the writ petition is disposed of. No costs.
rkk
THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA
W.P.No. 28633 of 2008
OPERATIVE PORTIOIN OF THE ORDER
Accordingly, this writ petition is disposed of with a direction to therespondents not to dispossess the petitioner from out of the lands inquestion without following due process of law. No costs.
Note:Issue wire at party’s costs.After dispatch copy of the order,The bundle may be sent toCM Section. (B.O) Rkk __________
30-12-2008