The High Court · 2025

No.1{-261, Kazipet Main Road, Hanumakonda, Hanumakonda District for the purpose of further widening Road from Kazipet Main Road to Hyderabad as illegal and arbitrary action on the part of the Respondents and consequenfly direct the Respondent herein not to cause or any damage to the petitioner s G Plus 2 Building Door No.1-6-261, Kazipet Main Road, Hanumakonda, Hanumakonda District IA NO 10F 2425 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to issue a direction, directing the Respondents not to cause any loss by demolition in the Petitioner's Shop / G+2 Building Door No. 1-6-261 , Kazipet Main Road, Hanumakonda, Hanumakonda District with regard to the widening of the road initiated under the Land Acquisition pending disposal of the Main writ petition in the interest of justice. Counsel for the Petitioner: SRl. MNKATLAL MANDHANI Counset for the Respondent Nos..t&7: Gp FOR ROADS BU|LDINGS Counsel for the Respondent No.2: SRt PASHAM MOH|T, SC FOR GWMC Counsel for the Respondent No.3: SRt MTRZA SAFTULLAH BA|G Counsel for the Respondent No.6: SRI MADISHETY RAMU Counsel for the Respondent Nos.4&5: SRt N. CHANDRA SEKHAR The Court made the following: OROER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.8743 of 2O25 ORDER: Heard learned counsel for the petitioners and 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 f iled seeking the following Prayeri "to declare the action of the Respondents in trying n furtler^ widening the Northrrn Side road of the Petitioner's G+2 BuiMin{ Door No.7'6-261, Kazipet Main Road' Hanumakonda, Hanumakonda District for the purpose of- pr:tn", uideni'ng Roarl front Knzipet Main Road to Hyderabad 'as illegal onct aihitro,y nction on the part of.the Respondents ard cinsequentty dircct thc Responden!-yu'ilnot to cause or any damage to tile Petitioner's G+2 Building Door No'1'-6-261' Xizipet tiain Rord, Hnnutnnkonrla, Hanumakonda District'"

3. Brief facts in this writ petition are that the petitioners' father claims to be the orvner and possessor of the House bearing Door No.1-6-261, situateci at Kazipct Main Road' Hanumakonda' Hanumakonda District, having acquirecl the same through registered gift settlement deecl bearing No 10644 of 2005 dated 09'12'2005' Thereafter, on 20.11-2024, Petitioners' father died and the Petitioners being the legal heirs succecclec{ the subject ProPerty' Earlier' when the respondent Nos.2,3 and 6 tried to demolish the sublect ProPerty' the ./ i I ! 1 I I i I I I I I : l : 2 petitioners' father filed W.p.No.19470 of 1994 and this Court aide order dated n.12.1994 disposed of the same. Later, when the respondent Nos.2, 3 and 6 put arrow marks for demolishing the subiect property, petitioners' father filed w.p.No.l5411 ot 2orz and this Court oid.e interjm order dated 26.04.2017, granted stay of interfering with the subject property in any manner. The said writ petition is still pending. Thereafter, the petitioners were in peaceful possession of the subject property.

4. Leamed counsel for the petitioners submits that on 70.02.2025, news was published 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 petitioners is that if the said road widening work takes place, the petitioners' property might be clemolished and the respondent authorities without issuing any notice to the petitioners and without following due procedure contemplated under law are proposing the said work. Aggrieved by the same, this rvrit petition is filed.

5. Learned counsel for the petitioners submits that there is no need for further widening of road and further submits that the petitioners along with the other locality people had approached 1 t I ! i 7t /,' ,f ::3:: respondent authority and stated the same, however there was no response from the respondents.

6. Leamed Standing counsel appearing for respondent No.2 on instructions submits that the respondent authorities, as on date, have not contemplated to acquire the petitioners ProPerty and would further submits that il the petitioners' Property is required as per the master plan, the respondent authorities would follow due process of Iaw before initiating action on the subiect property.

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

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

9. Accordingly, with the above directions this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. //TRUE COPY// SD/- V.KAVITHA DEPUTY REGISTRAR ItL,'. SECTION OFFICER To, 1 The Prinicipal Secretary, (R and B Dept') Dr. B'R Ambedkar Secretariat Buildings, SaitabaO, T.S,Hyderabad. t : i3firr"3i:tissioner, 3. The CommissionerA/iee-_Chairman,Kakatiya , S.-ul?,A),!.riNagar, Hanumakonda Districi n Development Greater warangar Municipat corporation, warangat, Urban Development Authority ^;;";,; I : fri*ir*ffi tri#firffi Ftil':T xx#; 7. The Executive Enoinr . Iqtqrf*lr, Hrnri,riS'nojB,r,?il?. .), circuit Guest House Road, 3 iruii :i :gf#ffi 'ffi,'#fl"#l$"l,eg':,ifl'f; 8i.ji'1, r he s,a te or ffi tr [i5l uemifrmnss-ri#ffi BM w BSR \ \ HIGH COURT DATED:2810312025 ORDER WP.No.8743 of 2025 a) 1'.iL i14 (J ( 14: o. ( t *-4 31 JUt 2l[! 1)n,r 5,r- (^.r,i- ::.::.- DISPOSING OF THE WRIT PETITION WITHOUT COSTS 14- .oPl* \A^ t\fr"