✦ High Court of India · 05 Mar 2025

High Court · 2025

Case Details High Court of India · 05 Mar 2025
Court
High Court of India
Decided
05 Mar 2025
Bench
Not available
Length
1,048 words

4. S.(T).Srilatha, W/o Kishore, Aged pbout 31 years, Occ: Housewife, Rl/o H.No.8-3-121 , Station Road, Warangfil, Warangal District. ...PETITIONERS AND 1 The Superintendent of Engineer, Sri Ram Sagar Project, Chintagattu, Warangal Diskict. The Executive Engineer, Sri Ram Sagar Project, lrrigation Department, Chintagattu, Warangal District. J The District Collector, Warangal, Warbngal District. The Joint Collector, Warangal, Wararlgal District. 4 5. The Tahsildar, Hasanparthy [Vandal, arangal District ...RESPONDENTS 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 an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in seeking to demolish and dispossess the petitioners from the existing House 7 o bearing No.4-312, situated at Erragattugutta, Bheemaram village, Hasanparthy Mandal, Warangal District, together with appurtenant lanc admeasuring Ac.0-20 gts covered by Sy.No.146 and 155 without following due process of law and without initiating ;lny proceedings under the Land Acquisition Act for the acquisition of the land as illegal, arbitrary and violative of Article 300-A of the Constitution of lndi.a. l.A. NO: 1 OF 2012(WPMP. NO: 10019 OF 2012) Petition undr-'r Section 151 CPC praying that in ther circumstances stated in the affidavit filec in support of the petition, the High Cc urt may be pleased to direct the responde nts not to demolish and not to disposse ss the petitioners from the house bearing No-4-3'l 2, situated at Erragattugutta Bheemaram Village, Hasanparthy mandal, Warangal District together with appurtenant land admeasuring Ac.0-20 gts covered by Sy.No.146 and 155, pending disposal ofthe Writ Petition. Counsel for the Petitioners: SRI A. PRABHAKAR RAO Counsel for the Respondents No.1 & 2: GP FOR REVENUE Counsel for the Respondents No.3 to 5: GP FOR IRRIGATION & COMMAND AREA DEVELOPMENT The Court made the following: ORDER _-----/ x::;.*y /, t; '// THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.7 13 of 2Ol2 ORDER: The present writ petition is filed declaring the action of respondents in seeking to der4rolish and dispossess the petitioners from existing H.No.4-3 12 at Erragattugutta, Bheemaram Village, Hasanparthy Mandal, Warangal District together with appurtena(t land admeasuring Ac.O- 20 gts., covered by Sy.No.146 arrd 155 (subject property) without following due process of law and without initiating any proceedings under the Land Acquisition Act for the acquisition of land as illegal and arbitrary.

2. Tine facts of the case ard that petitioner claims to be owner and possessor of the subject land. It is submitted that petitioner's grand father pufchased the land covered by Sy.Nos.146 and 155 admeasutrngAc.4-22 gts., situated at Bheemaram Village, Hasanpg-rthy Mandal, Warangal District under sale deed dated 2O)O4.1974. A portion of the property has been sold to third parties and at present petitioner are in occupation of Ap.0-20 gts., wherein they have constructed a house. The Gram Panchayat, 2 i '"'LH"'d a Bheemaram has allotted H.No.4-3 12 to the petitioners house. It ir; also submitted that petitioners are paving taxes regularly and have also obtained electr ic connection bearing S:rvice No.25l 120700261B. The said electricity connectiorL was standing in the name of Thorrtam Bhaskar. It is the further case of the petitioners that tlreir house u,as situated a. the main road and there is a canal ulz., SRSP canal locally known as Kakatiya canal whir;h is at about more than 1O0 ft. from their house.

3. The main grievance of the petitioners is that respondent authorities visited their property ,rr-r l4.O3.20i i and 16.O.1 .2011 and took some measltrcments and ir-rformed lhem that they are going to dispossess the petitioners. It is further submitteci that respondent authorities have not issued any notic( I calling for explanation for the proposed action and did rrot rnitiate any proceedings under Lard Acquisition Act. euestioning the same, the l)resent writ petitio4 ts filedy , - ,/ ,/

4. This Court on 21.03.2012 has passed an interim order whic-r is as follows: 3 There shall be interim sta! of dispo.ssesslon except in accordqnce uith laut.

5. No counter affidavit been filed by the respondent authorities

6. In that view of the matt dr. since interim orde has r already been passed staying t disposse ssion an d ft aate, this Court dee counter affidavit has been filed ti appropriate to dispose of thq writ petition directing respondent authorities not to ift".f"." with the subject land of the petitioner without follqwing due process of law.

7. In view of the above, lvr t petition is disposed of, accordingly. Miscellaneous petitions, perfding, if any, shall stand closed. However, there shall be no order as to costs. To, ilT RUE CoPY// SD/. K. AMMAJI DEPUTY REGISTRAR Kid-- ON OFFICER SECTI Warangal District.

1. ffe Suqeghtendent of Engineer, 2. The Executive Engineer, Sri Ram untntagattu, Warangal District. Ram Sagar project, Chintagattu, pagar Project, lrrigation Department,

3. The District Collector, Warangal, Warql 4. The Joint Collector, Warangal, Warang 5. The Tahsildar, Hasanparthy lvlandal, W [9al District hl District. Larangal District ..Co*): - -'- -'*- '---=# 3t ( i

6. One CC to SFll A. PRABHAKAR RAO, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] B. Two CCs to (iP for lrrigation and Command Area Development, High Court for the State cf Telangana at Hyderabad. [OUT]

9. Two CD Copit:s MP GJP e\\v / HIGH COURT DATED:0510312025 i- :l ; ,.i 1" 'l .) il 1 25 r\a (.\Mi: AtJE \r' -' ,ii 4 ,!t ORDER WP.No.7913 of 2012 DISPOSING OF THE WRIT PETITION WITHOUT COSTS i \ et.:"q-(y'

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