✦ High Court of India · 24 Mar 2025

1. P Das v. 1. Union of lndia

Case Details High Court of India · 24 Mar 2025
Court
High Court of India
Decided
24 Mar 2025
Bench
Not available
Length
1,259 words

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of a writ of t\,landamus declaring the action of the respondents in proposing to acquire I , t I t t t I ; I ! I the properties of the petitioners i.e., 1) Plot No.111 a(imeasuring 600 square yards, 2) Plot Nos.263/P and258lP total admeasuring 9t 1 Sq Yds, 3) Plot Nos. 112tP and'l 13/P total admeasuring 777 Sq Yds and 4) Pkrt Nos.112 and 117 total admeasuring 483 Sq. Yds. all are situated on the main rc ad (National High Way) at Ramanthapur Village, Uppal Mandal, Ranga Red( y District, Hyderabad, without following clue process of law and without payin ) any compensation as illegal, arbitrary and., unconstitutional and contrary to th: provisions of National Highways Act, 1956 apart from being in violation of Artic es 14, 21 and 300-4 of the Constitution of lndia. l.A. NO: I OF 2013(WPMP. NO: 16851 OF 2913) Petition under Section 151 CPC praying that rn the circumstances stated in the affidavit filed in support of the petitaon, the Hrgh Cou t may be pleased issue interim directions directing the respondents not to dispos: erss the petitioners from their respective prope(ies i.e., 1) Plot No.1 1 1 admeasuri rg 600 square yards, 2) Plot Nos.263/P &2581P total admeasuring 961 Sq Yds 3) Plot Nos. 1121P & 113/P total admeasuring 777 Sq Yds and 4) Plot Nos.112 & 117 total admeasuring 483 Sq. Yds. all are situated on the main rr ad (National High Way) at Ramanthapur Village, Uppat Mandal, Ranga Red( v District, Hyderabad, pending disposal of the above writ petition Counsel for the Petitioner : SRI V.RAMAKRISHNA REDI Y Counsel for the Respondent No.1&2 : SRI GADI PRAVEI:N KUMAR, DY.SOL.GENERAL Counsel for the Respondent No.3&4 : GP FOR ROADS E BUILDINGS Counsel for the Respondent No.S : SRI C.DAMODAR REDDY(SC FOR GHMC) Counsel for the Respondent No.6&7 : GP FOR REVENUI: The Court made the following: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.13768 of2O13 ORDER: This writ petition is filed seeking the following prayer:- "..declaing the action of the respondents in proposing to acquire the properties of the petttioners i.e., l)Plot No.l11, admeasuing 6O0 square yards 2)Plot Nos.263/P and 258/P total admeasuing 961 Sq.gds., 3)Plot Nos.l12/ P and 113/P, total admeasuing 777 Sq-yds and 4)Plot Nos.112 and 117 total admeasuring 483 &.Ads., all are situoted on the main road National High Wag at Ramanthapur Village, Uppat Mandal, Ranga ReddY Distict, Hgd.erabad uithout follott-ting due process of latu and taithout paging any compensation as illegal, arbitrary and unconstitutional and contrary to tle prouisions of National Highutays Act 1956." 2. The petitioners claims to be absolute owners and possessors of the subject lands. The respondent Nos'3 to 7 visited the lands of the petitioners in the month of March, 2O 13 and marked a portion of the land for widening of the National Highway. The main grievance of the petitioners is that the respondent authorities are proceeding with road widening work in the petitioners land lr'hich is purely a patta land, without following due process of law lr''hich is in violation of Article 14 of the Constitution of India' In that regard petitioners submitted a representation dated 1O O4'2O 13 to the ,, t respondent authorities. However, as ther< was no reply forthcoming, petitioners fiIed the present writ re tition

3. This Court on 29.O4.2013 has passed interim direction to the respondents not to disposser.s the petitioners from their respective properties without fc llowing the due process of law

4. A cr:unter affrdavit has been filed by respondent No.S stating that the proposal of road widening IS pertaining to National High Way and the respondent Corp,rration is no way concerned. It is further submitted that the cntire road widening work is taken up by R&B Authoritir:; an<l respondent No.5 has only assisted the R&B Authorities in u'ork

5. This Court in similar circumstances in W. P.No. l3769 of 2013 dzrted 12.03.2024 has disposed rl thc said writ petition as follows: "It i.s represented by both the !.e arned couns<zl on record tLlat tlrc uit petitiort t oulcl be disposed of binging the said stand o.l't.he 5th respondent on record that the Sth re-.;xtnclent has not tnttiated ang road widening pr<tt eedirtgs nor clispossessed the petitioners lr nt Lh.e petitioners' subject land i.e. land odtrtt asuring Ac.1.3O gts forming part oJ S.No.43 sitt'ated at Ramanthapur Village, Uppal Mandai Rattqct 3 Reddg Distict, Hyderabad abutting the National Highwag."

6. karned counsel for the petitioner prays this Court to pass similar order as was passed in W.P.No.l3769 of 2Ol3 dated L2.O3.2O24.

7. Since, this Court has already passed orders in W.P.No.13769 of 2013 on 12.03.2024 witl:l regard to sarne survey number i.e., Sy.No.43, by recording the submission of respondent No.5 that they have not initiated any road widening proceedings nor dispossessed the petitioners, this Court is of the view that no further orders are required to be passed in ttre present writ petition

8. Accordingly, this writ petition stands closed. However, respondent authorities shall follou' dure process of law, if any action is to be initiated on the lands of the petitroners Miscellaneous petitions, pending, il any, shall stand closed. No order as to costs //TRUE COPY// D/- T. VIJAY KUMAR PUTY REGISTRAR SECTION OFFICER To,

1. ONE CC tO SRI V.RAMAKRISHNA REDDY, 2. one cc to SRI GADI PRAVEEN KUIvIAR, (Deputy solicitor General of lndia), ' ilig-h 6iJ; ioiine slate of Telansana at Hvderabad toPUCl 3. One CC to SRI C.DAMODAR REDDY, (SC FOR GHMC) [OPUC] 4.TwoCCstoGPFoRRoADS&BUlLDlNGS,HighCourtfortheStateof loPUCl Advoca Telangana at HYderabad. [OUT] i I i i a E. I I i i i! t -t / 4

5. Two CCs to GP FOR REVENUE, High Court for the Stz te of Telangana at Hyderabad. [OUT]

6. Two CD Copies. BSK GJP (fl- HIGH COURT DATED:2410312025 ( ORDER WP.No.13768 of 2013 r.-. ''. .,!' 2 0 :re 295 \, ,r/ t I CLOSING THE WRIT PETITION WITHOUT COSTS ?* @ h 1. L\-

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