B.Ashok v. 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent Nos.2 to 5 declaring the action of respondents in seeking to laying/widening the road in property of petitioner in Survey. No.'169/E, admeasuring Ac.0-12 guntas or 1452 Square yards situated at Chandanagar Village, Sherlingampally Mandal, Ranga Reddy District (Under the limits of GHMC) without following due process of law -------= and without issuing any Land acquisition Notices and also wrthout acquiring the prope(y and without paying the compensation as illegal, arbitrary, unconstitutional and without jurisdiction and violation of Article 14, 21, and 300-4 of constitution of lndia and contrary to the provisions of GHMC Act and in violation of the provisions contemplated under Right to fair Compensation and transparency in land acquisition, rehabilitation and settlement and transparency act 2013 and in violation of sections 145, 146, 147, ot the GHMC Act 1955 apart from Violation of Natural Justice and consequently direct the Respondents not to interfere with the peaceful possession and enjoyment of the petitioner property and not to dispossess the petitioner and not to lay any road or road widening by entering into the property of the petitioner in Survey. No.169/E, admeasuring Ac.0-12 guntas or 1452 Square yards situated at Chandanagar Municipality, Sherilingampally Mandal. Ranga Reddy District (Under the limits of GHMC) without following due process of law, pending disposal of the above writ petition. lA NO: 1 OF 2025 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 direct the Respondent Nos.2 to 5 not to interfere with the peaceful possession and enjoyment of the petitioner property and not to dispossess the petitioner and lay any road or road widening by entering into the property of the petitioner in Survey.No.169/E admeasuring Ac.0-12 guntas or 1452 Square yards situated at Chandanagar Municipality, Sherilingampally Mandal, Ranga Reddy District (Under the limits ol GHMC) without following due process of law, pending disposal of the above writ petition. Counsel for the Petilioner: SRI K.KIRAN KUMAR Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2 to 6: SRI G.MADHUSUDHAN REDDY, SC FOR GHMC The Court made the following: ORDER TIIf, IIONOURABLE SRI JUSTICE B. VI.IAYST]N REDDY WRIT PETITION No.31382 OF 2025 aBpIB:(ORAL) Heard Mr. K Kiran Kumar, leamed counsel for the petitioner, and Mr. G. Madhusudhan Reddy, learned Standing Cour:;el for GHMC, appearing for respondent Nos.2 to 6, ar.rd peru:,--d the material available on record. l. [.earned counsel for the petitioner placed reliance on the order dared'i:.os.zozo in W.P.No. 125 l1 of 2020, whr-rein sanrc reliel rvas sought for when the respondent authorities nrade atternpt to widen the road abutting the subject property of the petitioner irdmcasuring Ac.0-12 guntas (1452 Square Yards) in Survel' No. I69/lr par1, situated at Chandanagar Municipality, Serilingampalh, Mandal. Ranga Reddy District. The Writ petition was disposed of' by rccording the subrnission of learned Standing Counsel tbr GI-INIC that similarly placed person was granted relief' by orde r I I datcc' l-1.09.2019 in W.P.No. 19687 of 2019,and evcntually thc writ petition was disposed of in terms of said order dated

13.0e.2019. I I I Y 2 W.P. No.i Il8 I,,12025

3. l h!' qf ievance of the petitioner is that the respr-rndent authoriiie ,. s ho are also respondents in W.P.No. 125 I I of 1020, are tr1 ing to dispossess the petitioner from tl.re said propefly in the guise of road rvidening.

4. -faking note of the fact that similar writ petition was filed in \\'. [).No. I l-s I I of 1020, wherein relief was granted, this writ petition is disposed of directing the respondent authorities i-rot to intcrl'ere r,r ith pcaceful possession and enjoyment ol'the petitioner in respcct ol' sr-rb.iect propcrty admeasuring Ac.0-12 guntas ( 1452 Scluare Yards) in Survey No. 169/E Part, situated at Chandanagar lvlunicipaiitr,. Se'rilingampally Mandal, Ranga Reddy District, rvithout firll,:rir ing dtre process of law- There shall be no order as to costs. As a st'qucl thereto, miscellaneous applications, i1' any, pending in the r.r,rit petition stand closed. ,TRUE COPY// SD/.MOHD.ISMAIL DEPUTY REGISTRAR 6.- SECTION OFFICER I To, 1 2 The Principal Secretary Municipal Administration and Urban Development iruiX ,,.ii'Ljbl secretariai Hvderdbad, State of relangana The Commissioner, Greater Hydgrabad Municipal Corporation' Lower Tank BJnd, Adarsh Nagar HYderabad, T.G' -

3. The Chief City Planner, Greater Hyderabad Municipal Corporation, Lower Tank Bund, Adarsh Nagar Hyderabad, T.S.

4. The Deputy Commissioner, Greater Hyderabad Municipal Corporation Circle No.21, Serlingampally, Ranga Reddy District.

5. The Assistant City Planner, Greater Hyderabad Municipal Corporation Circle No 21. Serlingampally Ranga Reddy District.

6. The Special Deputy Collector (LA), Greater Hyderabad Municipal Corporation, Lower Tank Bund, Adarsh Nagar Hyderabad, T.S. 7. One CC to SRI K.KIRAN KUMAR, Advocate IOPUC] B One CC to SRI G MADHUSUDHAN REDDY, SC FOR GHMC [OPUC] 9. Two CCs to GP FOR MCPL ADMN URBAN DEV, High Court for the State of Telangana at Hyderabad [OUT]

10.Two CD Copies BSR GJP & \ \ a a\(-\,), t 1 ll0\J 2tr6 'p C't i! .;,,i .\\t/ :.:r' HIGH COURT DATED:1611012025 \ \ P,E STT 1 \J3. ORDER WP.No.31382 of 2025 li c) \\*. * DISPOSING OF THE WRIT PETITION, WITHOUT COSTS r3 q\-il,rr