High Court · 2025
Case Details
Acts & Sections
Petition under Article 226 of the Qonstitution of lndia praying that in the circumstances stated in th6 affidavit filed therewith, the High Court may be pleased to issud a Wr"it, Order of Direction, more particularly one in the nature of Writ of Mandarlus, d.eclaring thQ action of the Rqspondents in trying to demolish. the Petitioners Building boqi No old No. 1-2b6-1, New No 1.4-97' Kazipet Main Road, Hanumakonda District for the purposq of further widening Road from Kazipet Ivlain Road to Hyderabad as illegal and arbitrary action and eonsequently issue a directio4, diiecting the flgspondents herein not to cause or any damage to the Petitioners Bu rld rrr(t l);or No Hanumakonda Di ;1ri ,' old No. 1 -28611 , New No.'1-4-97 , Kaz pet Main Road, lA NO: 1 OF 202! Petition un i,: r the affidavit filed in s a direction, directing the Petitioners Brrild Road, Hanumako r,l: lhe Land Ageuisition justice. rieetion 151 CPC praying that in the cire.rns'.ances stated in rpport of the petition, if'u-H ig l-.r Court rnay be 5;,leased to issue !'re Respondents herein not to cause any o js ty demolition in fg Door No old No'1-?86/-1, NqW No.1,4-9;', Kazipet Main t-)istrict with re-ga rd to lhe widening of the r,tar:l initiated undef rending dispggel of thg tt/lain Writ Petitior in the ;n1"r"t, ot Counsql for the F'e,ti'ioner:SRl. BANKATLAL MANDHANT , j Counsel for the Re'srrnndent Nos.1&7; GF FOR ROADS BUILDIN(}S Counsel fo1 lhe Fte,s rorrdent No.2; SRI PASHAM MOHIT SC FOR GWMC Counsel for the Fes rondent NO.3: SRI MIBZA SAFIULLAH BA G SC FOR KUDA Counsel for the Res rondent [!os.4&5: SRt CHAN9RA FEKHAFI N SC FeR TGSRTC Counsel for" the Resl nndent No.6: SRI MAPIEHETTY RAMU SC FqR NHA| The Cqurt made ths irllowingl ORDER I,/ :, / i' HONOURABLE SRIIUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No. 8797 of 2025 ORDER: Heard learned counsel for the petitioner 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 filed seeking the followin gprayet- "to declare the action of the Respondents in trying to d"emolish the Petitioners Building Door No.old No.1-286fl, Nezo No.1- 4-97, Kazipet Main Road, Hanumakonda District for the purpose of further widening Road from Kazipet Main Road ta Hyfurabad as illegal and arbitrary action and consequently issue a direction directing the Respondents herein not to cause or any damage to the Petitioners Building Door No.old No.1- 286/1, New No.1- 4-97, Kazipet Main Road, Hanumakond.a District."
3. Brief facts in this writ petition are that the petitioner,s claims to be the owner and possessor of the House bearing Door old No.1- 286/1, New No.1-4-97, Kazipet Main Road, Hanumakonda Districf having acquired the same through registered document bearing No.3283 of 1997 dated 25.10.1997. Earlier, when the respondent Nos.2 and 3 tried to demolish the subject property, the petitioner filed W.P.No.14161 of 2018 and this Court oide order dated,
27.11,.20L8 disposed of the writ petition and directed the respondent ...).. ..L.. authority th,:; r: r to follow due procedure as colltenll'la:ed under l\ law. Therea 't':'l the petitioner was h peaceful possessicn of the subject ProP I r'l:' 4" Leat nrltl . :,nnsel for the petitioner submits that on 10'02'2025, news was prtlrI .lred in Sakshi Daily Paper (Telugu), whe lern the local MLA stal.e'd t'Li t the resPondent authorities are taking sleps to widen the kazipet rr a l road and the Municipal Authorities r'r'c'r'rl'l also give notice to the lrt : iness shops and others in that locality. F-lrl her case of the petition,:r ' , that if the said road widening work 1a <e:' piace, the petitionels' .r)l r,:erty might be demolished and th'r 'espondent authorities i I ^ - out issuing any notice to the petitioner a'rd without foliowing cl ue l,rocedure contemplated under law art'lrrt'Posing the said worl,..,\;,;1 ' ,eved by the same, this writ petition is fjlet[.
5. Lrlar 1. -'( ,:ounsel.,for the petitioner submits t riLt ':here is no need for ft t r :r- n idening of road and further subtuits that the petitioner I tr r.1 with the other locaiity people lra,l rpProached respondent :r thority and stated the same, ho$'ever thllle was no responsr: frr:' I l-re respondents.
6. 1ar711rr:( iltanding counsel appearing for resp,ltdt nt No'2 on instruc tion; :;r ;mits that the respondent authorities, "rs orr date, have not contcrt:tl r ted to acquire the petitioner Pl'oPerl\r and would further sut.r r i .,. that if the petitioner's Property is requ ire d as per the 3 master plan, the respondent authorities wouid follow due process of law before initiating action on the subject property. 7. At this stage, Iearned 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 clue process as contemplated under iaw before initiating action on the 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. SD/-K. AMMAJI DEPUTY REGISTRAR //TRUE COPY// . ,n" Prl. Secretary, (R and B Dept ) Dr' B R Am Saifabad, HYderabad. iru #;;;6;;rGi Greater warangal Municipal corporation' warangal' SECTION OFFICER il kar Secretqriat Buildings, nsport to'1 2 3 4 5 6 v B s ,10 rl1 12 13 14 KKS HIGH COUR DATED:28103 2025 o '\ ::1= \<- ---:'-_ ,..rt,r. s'"ir..)),, .^ f( C ORDER WP.No.8791 c,f 2Q25 li. ) li' ?2 | N ?IJi/5 * ,oAs \:-r 7 rC i{€ DISPOSTNG l HE WRIT PETITION WITHOUT CCISTS