High Court · 2025

Petitiqn under A4iale 2?6 qf lhe Qqnstitutign of lndia praying that in the circumgtanceq stated in the affidavit filed therewith, the High Court may be pleased to i$sue a Writ, Order of Direction, more particularly one in the nature of Writ of Mandamus, flecfaring the aption of the Respondents in trying to demolish the Petitioneas Building Door No. (Old No. 1/488) New No 1- 6-252, (Old No. 1/485), New No 1-6-249, and (Old No 1/286/1) New No. 1-4-96 situated at Kazipet 1,'12;n fioad, Hanumakonda, Hanumakonda Dislrict as illegal and arbitrqry action and cqnsequently issue a direction, directing the Respondents not to cause or any damage to the Petitioner's Building Door No. R/o. (Old No. 1/4BB) New No. 1-6-252, (Old No. 1/485), New No. 1_6_249, and (OId No. i/286/1) New No .t_4-96 situated at Kazipet Main Road, Hanumakonda, Hanumakonda District. lA NO: 1 OF 2025 Petition under Seqtion 151 cPc praying that in. the circumstances stated in the affidavit filed in suppofl of the pelition. thq High Court may be pleased to issue a direction, directing the Respqndents herein not lg cauqe any toss or damage to the Petitioner's Buirding Deor No R1q (otd No 1/488) New No 1_6 2s2.1oro rrro 1/485), Nevy No 16-249. and (Otd No i/286/1) Npw Nq, 1_4_96 srtuared at Kazipet Main Road, H4numqkondp, Hanqmakonda District with regard to the widening of thq rqad iniriated under the Land Acquisitio' pe,ding disposar of the Main Writ Petition in the rnlerest of jpotice. !9'1'"! fOT thE PEtitiONEl: SRI BANKATLAL MANDHANI ::::::! I:l lI! I!:o""denr Nos-.1 t7: Gp FoR RoADS BUTLDTNGS uounset ror rhe Respondent No.2: $Rf pAsHAM MoHlT, sc ron owuc counsel for the Respondent ijo.g. jni urn<i seFiur_r_an BA.G, g9 pqp counsel ror the Respondent t{es.4 a oTtElCroryDRA sEKHAR,N, sc FoR counset ror lhe Respondent No.6; gfl MAatJ;lficy BAMU, sc foR NHAI The Court maqe the fotlowing: ORaEg HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.8789 of 2025 ORDER: Heard learned counsel for the petitioner arrd Sri.Pasham Mohit, learned standing counsel for GWMC appearing for respondent No.2. With their consent this writ petition is taken up for disposal at the stage of admission itself.

2. This writ petition is filed seeking the following Prayer:- "to declare the action of the Respondents in trying to denrolish the Petitioner's Building Door No.(Old No.1/488) Near No.l- 6-252, (Old No.1/455), Neut No.-l-6-249 and (Old No.1/286fl) New No.1-4-96 situated at Kazipet Main Road, Hanumakonda, Hanumakonda Distict as illegal and arbitrary action and consequently issue a direction directing the Respondents not to cause or any damage to tfu Petitioners Building Door No.(Old No.1/488) Nezo No.1- 6-252, (Old No.L/485), NetLt No.1-6-249 and (Old No.128611) New No.1.-4-96 situated at Kazipet Main Road, Hanumakonda, Hanumakonda D is trict."

3. Brief facts in this writ petition are that the petitioner's claims to be the owner and possessor of Building Door No.(Old No.1/a88) New No.1-6-252, (Old No.1/a85), New No.1-6-249 and (Old No.7/286/"1) New No.1-4-96 situated at Kazipet Main Road, Hanumakonda, Hanumakonda District, having acquired the same through registered document bearing No.1423 of 1964 dated

22.70.7964. Earlier, when the respondent Nos.2 and 3 tried to i i2ra demolish the subiect ProPerty, the petitioner filed W-P.No.16540 of 2017 and this Court passed interim order and reshained the respondent authority therein in interfering with the subject proPerty. Thereafter, the petitioner was in peaceful possession of the subiect property.

4. Learned counsel for the petitioner submits that on 10.02.2025, news was pubtished in Sakshi Daily Paper (Telugu), wherein the local MLA stated that the respondent authorities are taking steps to widen the kazipet main road and the Municipal Authorities would also give notice to the business shops and others in that locality. Further case of the petitioner is that if the said road widening work takes place, the petitioners' property might be demolished and the respondent authorities without issuing any notice to the petitioner and without following duc procedure contemplated under law are proposing the said work. Aggrieved by the same, this writ petition is filed.

5. Learned counsel for the petitioner submits that there is no need for further widening of road and further submits that the petitioner alq\-rg with the other locality people had approached respondent authority and stated the sam1,. there was no fow,ever response from the respondents.

6. Learned Standing counsel appearing for respondent No.2 on inshuctions submits that the respondent authorities, as on date, have not contemplated to acquire the petitioner property and would I further submits that if the petitioner's property is required as per the master plan, the respondent authorities would follow due process of Iaw before initiating action on the subject prop.erty.

7. At this stage, learned counsel for the petitioners pray this Court to direct the respondent authorities to follow due process of law, before initiating any action in the matter

8. Recording the submissions made by the learned counsel appearing on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of directing the respondent authorities to follow due process as contemplated under law before initiating action on the subject property.

9. Accordingly, with the above directions this writ petition is clisposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. l_ To 1 2 3 4 I //TRUE COPY// SD/-P. CH. NAGABHUSHAMBA DEPUTY RE GISTR SECTION OFFICER cretariat Buildings' The Prl. Secretary, (RBDept.) Dr. B.R. Ambedka Saifabad, HYderabad. State of Telangana The Commiss ioner, G reater Warangal Mu nicipal CorP (GWMC). l"n!' i ol{ * i r r i o n e rA/ i ce - C h a i rm a n S a i N a g a r, Ka k at i ya U rb a n D e ve l o p m e nt nrinoriiv (K.U.D A) Hanumakonda District - ?ti'Vi tli' i ni-ii."'i ;;ii M ;;; i" g D i[Ct"'.' re ran sana State Roa d rra n sport d;#;.; i?.o n.r cl' erJBniu'n, Musheerab-ad' Hvderabad .-- c,*l- ' oration, Warangal,

5. The Depot Manager, Telangana State Road Trangport Corporation (T G.R T C ), Hanumakonda, Hanumakonda Distriet.

6. The Project Director, National flighwqyAuthority, (N.H.A.l.), Warangal 7 The Executive Engineer (R and B) Circuit Guest House Road, B One CC to SRI BANKATLAL MANDHANI, Advocate [OPUCI g Two CCs to GP FOR ROADQ BUILDINGS, High Cofrt for lhe State of Hanumakonda, Hanumakonda District. Telangqna, at Hyderabad. [QUTI

10.One CQ !o SRI P MOHITH, SC FOR SWMC [OPUQ] '11. One 00 to SRI MIRZA SAFIULLAH qAlG, S0 FQR KUDA topucl 12 One CC to gRl N/ADISHETTY RAMU, SC FQR NHAI [oPUC] 13 One QQ to SRt CHANDRA SEKHAR N, SC FOR'I GRTC IOPUCI 14.Two CD Copies I PSK- BS ?t'.C.- HIGH COURT DATED:2810312025 t ORDER WP.No.8789 of 2025 - r nt SI4 ,6. () ''(+ ZJ fin't zW 2 .\ nATcH EO 1 i DISPOSING OF THE WRIT PETITION WITHOUT COSTS P\g \,{