Telangana High Court
WP/36323/2021 of V.Praveen Kumar Vs The State of Telangana and 3 others on 30 December 2021
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRIJUSTICE T.VINOD KUMAR WRIT PETITION NO: 36323 OF 2021 Between: V.Praveen Kumar, S/o.Errappa,Aged Employee,R/o.Plot No.8, H.No.3-4918
HIGH COURT FOR THE STATE OF [TELANGANA AT ][HYDERABAD](Special Original Jurisdiction)
THURSDAY,THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRIJUSTICE T.VINOD KUMAR
WRIT PETITION NO: 36323 OF 2021
Between:
V.Praveen Kumar, S/o.Errappa,Agedabout36, OccPvt.Employee,R/o.Plot No.8, H.No.3-4918Ja nakiNagar, OldAlwal,Secunderabad, lVedchal-lValkajgiri District
...PETITIONER
AND
1. The-State of Telangana, Rep. by its Principal Secretary, lrrigation andCAD Department Secretariat, Hyderabad.CAD Department Secretariat, Hyderabad.
2. !.he. Chief Engineer, lrrigation O/o. Engineer-in-Chief Erramanjil,Hyderabad.Hyderabad.
3. The Superintending Engineer, lrrigation, O/o.Engineer_in_Chieftsrramanjit, Hyderabad.tsrramanjit, Hyderabad.
4 I!"-9r:ll"t HvIStq!4 Municipal corp-or'ution, Rep. by itsuommissioner BRKR Complex, Lower'Bank Bund,'Hyderabad.I!"-9r:ll"t HvIStq!4 Municipal corp-or'ution, Rep. by itsuommissioner BRKR Complex, Lower'Bank Bund,'Hyderabad.
...RESPONDENTS
Petition under Articre 226 0f the constitution of rndia praying that inthe circumstances stated in the affidavit fired therewith, the High court maybe pleased to issue an appropriate writ, order or Direction, moreparticurarry one in the nature of writ of Mandamus, decraring the action ofthe Respondent Nos 2 and 3 in threatening to demorish the petitionedshouse property bearing No.3-49lB in plot No.B, situated in Sy.No.244 and245' Janaki Nagar, ord Arwar, without issuing any notice and forowing dueprocess of law as illegal, arbitrary, unconstitutional and against theprincipres of natural justice and consequentry direct the Respondent Nos.2and 3 not to demorish the petitionerb house property by interfering with hispeaceful possession and enjoyment of the above mentioned propertypending finalization of the LRS Apptication No.c/GHMC/ 104211t20,dl'21 '10'2020 pending on the fire of 4th respondent without forowing dueprocess of law, Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to direct the respondent Nos.2 and 3 not to demolish thepetitioners house property in Plot No.B, H.No.3-49/8 situated at JanakiNagar, Old Alwal, Medchal-Malkajgiri District without following due [process]of law, pending disposal of the Writ Petition, Counsel for the Petitioner:SRl. KIRANMAYEE SANDEPUDI
Counsel for the Respondents No 1 to 3: GP FOR [IRRIGATION AND]COMM AREA DEVELOPMENT
Counsel for the Respondents [No ][4: ][SRI ][CHATLA MADHU' ][SC ][FOR]GHMC
The Court at the admission [stage ][made ][the ][following: ][ORDER]
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
WRIT PETITION No. 36323 OF 2O2l
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ORDER:
Heard learned Counsel for the petitioner, learnedGovernment Pleader appearing for respondent Nos.1 to 3 and SriChatla Madhu, learned Standing Counsel appearing for respondentNo.4 and with their consent, the Writ Petition is taken up forhearing and disposal at the stage of admission.
2. Petitioner contends that he having purchased the subjectproperty from its vendor with two rooms has been staying thereinwithout any hindrance all through this period. A1l of a sudden, the2'd and 3.d respondent authorigr are calling upon tlre petitioner tovacate the premises and reave the slrne under the threat ofdemolition, since the said premises falrs under Furl rank Level inChennarai cheruvu, without issuing any notice to the petitioner.
3. Learned Government pleader for Irrigation on the other handsubmits that the subject prot of the petitioner is situated in shikamIand and is within the FTL limits and, as such, even the request ofthe petitioner seeking regularization of the lay out under the LRSrntroduced by theGovernment has notbeen accepted and inviolation of f."flregularization, thepetitioner has madeconstruction andliving !hereat andforthe said reason, therespondents havecalled upon thepetitioner to vacate thepremlses. However, he does not dispute the fact that evenotherwise the respondents are required to put the petitioner onnotice before taking any further action. He would further submitthat the respondents would follow the due process of law before )
I
taking any further action against [the ][construction made ][by ][the]petitioner in the FTL limits.
4. Having regard to the submissions [made ][as ][above,]the fact that [the ][respondents ][claim ][that ][the]considering construction made by the [petitioner ][in ][FTL ][limits ][and ][that ][the]authorities would [follow ][the ][due ][process ][of ][law, ][it ][is ][needless to]mention that [the ][respondents ][shall ][issue ][notice ][to ][the ][petitioner]before [proceeding ][with ][any ][further ][action against ][the ][petitioner's]property.
5. Subject [to ][the ][above ][direction, the ][writ ][Petition ][is ][disposed]of. No order [as ][to costs']
Miscellaneous [petitions, ][if ][any, pending ][in ][the ][writ ][petition,]
shall stand [closed.]
*':S+lN+?t'd5i'J#/".:.t- tl,//TRUE [COPY//]SECTION [OFFICER]
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DATED:30 t12t2021
ORDERWP.No.36323 of 2021
DISPOSING OF THE WRIT [PETITION]WITHOUT COSTS, v6t^o 'IiiE [9TAf]t-:11"g 24 "t,l.tlzotz