Giragoni Sarojana v. 1. The State of Telangana

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 Writ of Mandamus declaring the action of respondents 3 to 5 in seeking to demolish the House bearing Municipal No. 3-9-701, Yadava Nagar, Hanamkonda, Warangal by giving marking upto 30 feet on the building for the purpose of Road Widening without following due process of Law as wholly illegal, arbitrary, violative of principles of natural justice and violative of Art1.14 and 300- A of the Constitution of lndia ,l I I I I ! I I I I ! I I iI 'l 'l il; i I' l: ;, i I ;, ,t. l.A. NO: 1 OF 2015(WPMP. NO: 19 OF 2015) Petition rlnder Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pteased to direct the resprlndents 3 to 5 not to demolish the House bearing Municipal No. 3-9-701, Yadava Nagar, Hanamkonda, warangal pending disposal of the above writ petition Counsel for the Petitioner: SRl. VANAM VISHWANATHAM Counsel for the Respondent No.1: Gp FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: Gp FOR REVENUE Counsel for thr: Respondent No.3: Ms. HAMSINI REp SRI PASHAM MOHITH REDDY, SC FOR MUNICIPAL CORPORATION counsel for the Respondent No.4: sRr MrRzA SSAFIULLAH BAIG, (sc FoR TG KUDA) counsel for the Respondent No.s: AGp FoR ROADS & BUILDINGS The Court made the following: ORDER . :::::t' ..:ji<ltr ! r L' ,/ { HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITI ON No.18 of 2015 ORDER: This writ petition is filed seeking following relief: "To declare the action of the respondent Nos'3 to 5, in seeking to demolish the house bearing municipal No.3-9-701, Yadaua Nagar, Hanamkond"a, Warangal by giuing marking up to 30 feet on the building for the purpose of road widening without follouting due process of law' as illegal and arbitrary." '2. Heard Sri Vanam Vishwanatham, learned counsel for the petitioncr, Ms. Hamsini, learned counsel representing sri Pasham Mohith Reddy, learned Standing counsel for respondent No.3, Sri Mirza Safiullah Baig, Iearned Standing counsel for respondent No.4 and learned Assistaut Government Pleader for Roads and Buildings'

3. Learned counsel for the petitioner would submit that petitioner is the absolute owner and possessor of house bearing municipat No.3-9-7O1, Yadava Nagar, Hanamkonda' Warangal Town and District (for short "the subject property") through a registered sale deed bearing document No.8799 of 2006, dated 09.03.2006; that the proper$r has been mutated in the name of pdtiorrer uid.e proceedings dated 1O.O5.2O12. Wl-rile the matter 3? I ,l,i i :l ) i: i I I Ii I ! H 2 stood thus, responclent Nos.3 to 5 came to subject property and made a marking up to 30 I'eet of property for demolition for the proposed rotto' rvidt:ning lrom lo0 fect to l.5o feet. He wotrld firrthe r submit that without following due process of raw and u'ithot-tt ercquiring land in accordance with the provisions of the La.d Acquisition Act, respondents are proceeding to demorish the strucl'ures o[ the subject property. Aggrieved by the same, present writ petition is filed. 4' 'rhis cor-rrt uid,e orcrer dated or.or.20r5, granted interim stay n,tt to clemolish the sutlject property. 5' l-ea.necr Standing counser for respondent No.3 wourd submir- thilt proposecr road widening from r0o feet to 150 feet has not bcc. t^kcn up. He wourd further submit that whene'zer, r,acr r,r'idening is taken up, respondents would foilow due pr,cess ^.rl take furtiler steps in accordance with law. 6' oonsidering the submissions made by learned counsel for the pt:titioner as well as learned Standing counsel for responrlent No.3, the writ petition is disposed of, with a direction to respondents not to interfere with the possession of the petitioner over the subject property except in accordance with law. tt is made clear that the respondent No.3 is not precluded from taking up road widening by dury folrowing J procedure and acquiring the subject property in accordance with law. There shall be no order as to costs Miscellaneous petitions pending, if ?try, shall stand closed \ To, SD/. B.REKHA RANI SISTANT REGISTRAR /TRUE COPY// CTION OFFICER

1. The Secretary, tvlunicipal Admn. and Urban Development, Secretariat, T.S.,Hyderabad.

2. The District Collector, Warangal District at Warangal. 3. The Commissioner,Warangil Municipal Corporation, Head Office - I, 4. The Cha'irman and Mbnaging Director ,Kakatiya Urban Development Authority Nakkalagutta, Warangal. Warangal. Warangal, Warangal District. Telangana, at Hyderabad [OUT]

5. The Chief Engineer, Roads and Buildings Dept., Government of Telangana, 6. One Ce to SRl. VANAM VISHWANATHAM Advocate [OPUC] 7. Two CCs to GP FOR ROADS AND BUILDINGS, High Court for the State of B. Two eCs to GP FOR REVENUE High Court for the State of Telangana, at -to GP FOR MUNICIPAL ADMINISTRATION AND URBAN 9. Two CCs DEVELOPMENT ,High Court for the State of Telanganq, at fty{.rgpgl LO-UI 1O.one CC to SRI. PRSHNU MOHITH REDDY, SC FOR MUNICIPAL Hyderabad [OUT] coRPoRATTONIOPUCI 1 1. One CC to SRl. MIRZA SAFIULLAH BAIG,(SC FOR TG KUDA) IOPUC] 12.Two CD Copies BM PSK w \ \ 't THE S t0& ? oz qrt ?t;tfr t * De T J * HIGH COIJRT DATED:09/1 012025 ORDER WP.No.1tl of 2015 DISPOSING OF THE WRIT PETITION WITHOUT COSTS s- ,da &^-