The High Court · 2025

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 Respondents No.1 to 4 in acquiring the Petitioners properties admeasuring 120 Sq. yds with structures out of Munilipal No.2-4-1055/61 admeasuring 350 Sq. Yds. Consisting. of 2' shops and other- structures, and 200 Sq. yds with 3 floors building consisting of commercial establishments like out of premises bearing No.2-4-1055 with 3 floor building out of 500 Sq. yds, situated at Nagole X Roads in Samathapuri Colony, Ranga Reddy (Dist.), Hyderabad for the purpose of Road widening from 60 to '100 from Nagole X Roads to Kothapet without initiating Acquisition proceedings under the provisions of the Land Acquisition Act (i.e. without following due process of law) as Arbitrary, illegal and without Jurisdiction and consequently direct the Respondents not to dispossess or demolish their structures in the above referred properties belonging to Petitioners for Road widening. l.A. NO: 1 OF 2016(WPMP. NO: 3583 OF 2016) Petition under Section 151 CPC praying that in the : in the affidavit filed in support of the petition, the High Cour grant stay of all proceedings including dispossession or denr, properties bearing No.2-4-1055/61 admeasuring 350 Sq. yC other structures, and premises bearing No.2-4-1055 admea with 3 floor building situated at New Samathapuri Colony, lri (Dist.), Hyderabad for the purpose of Road widening from Kothapet, pending disposal of above W.P.No._ of 2O1) -cumstances stated may be pleased to lition of Petitioner's ; with 2 shops and ;uring 500 Sq. yds gole, Ranga Reddy {agole X Roads to Counsel for the Petitioners: SRI N. VASUDEVA REDDY Counsel for the Respondent No.1: GP FOR MUNICIPAL ADI\ INISTATION & URBAN DEVELOPMENT Counsel forthe Respondent No.2: SRI P. KRISHNA REDDY, SC FOR GHMC Counsel for the Respondent No.3 & 4: GP FOR LAND ACOIJ SITION The Court made the following: ORDER HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.2856 of 2016 ORDER: This writ petition is hled tc declarc t['re action of the Respondent Nos.1 to 4 in acquiring thc Petitioners proper:ties admeasuring 120 Sq. yds wiLh s(.ructurcs out of Municipal No.2-4-1055/61, adrneasuring 1350 Sq. Yds., consisting of 2 shops and other structures, and 200 Sq. _vcls with 3 floors bt-tilding consisting of t:omrnercial establshmenl-s out of 500 Sq. -7ds, situated at. Nagole X Iloads in Samathapuri Colony, Ranga Rericly (Dist.), I-lyderabad lor the purpose of Road widening fron-r 60 to 100 from Nagole X lloads to l(othapet u,ithout inir-iating Acquisition pi-occedings under the prcvisions of the L;-rn d Acquisition Act as arbitrary, illegal and without Jurisdiction and const:qucntial direction to the Respondents not to dispossess or dcmolish their structures in the above refcrred propcrtics ]relonging to Petitioners for Road widening.

2. This Court vidc order datccl 01.12.2016 directed the respondents not to demolish thc structures cxisting in thc pre(riscs and further. on I 0.02.20 16, ihis '--ollrl .'c cor-ded t1-re subr,ission of learued Assistant Governr-,-rstrL l'l 'irrlt'r for Muricipa'. Aclurinistraticn that tl'rc ;:ctition, t s' 1 -opcrtics l-reve not been notihed for a.crir'.isition.

3. Leari:t:d couttsel lbr thc pctitionci' tx'c;,- s',il miL tl-tzLL st1:uclures .rs on today are cxistit.ll] lLnd no sicps i tvc becn takcrt by respondents ciLhcr acquiting the pr()')ct t] elolLgrng 1 cr Lhc petiLioncrs or thcre is an-y it-rtcrfti ''. rt:r: .r'ith ttrc possessiop ol the pctitiotrers. 4 . Learned Standing Counscl for resporl(lc: I N () .2 lrr-rri 3 on instructiorrs would subrnit that pcti[iorrcrs' pro: )rties arc not notilicd Ibr roacl widerring ploject and ',r l it pr-' tior' has been filecL only ot.t assurnptiort. FIo\\'evcr, ltc; u'or Ll 1sr-ibmLl that in case the petitioriers properties a1-(l requircd, respondents u,ill follolv duc p.t'ocess of la-w f;i- zrcr3 iring the SAMC.

5. Considering the subtnissions tnadc by r-lLr Icirrned counsel lor the petitioner as wcil as icat nerl Standing Counsel for respoudent Nos.2 zrnd 3, Lhe rvrit p:lition is disposed of directing the respondenLs not to interfere with the possession of the petitioners' properties. However, it is made clear that in case the properlies of the petitioners are required for road widening projec! the respondents shall , follow due procedure as contemplated under Section 146, 147 of the Greater Hyderabad Municipal Corporation Act,

1955. No costs SD/.AHMED ABDULLA ASSISTANT RE RAR //TRUE COPY// SECTION OFFICER To'1. The Principal Secretary (Municipal Administration) The State of Telangana, Secretariat Buildings, Saifabad, Hyderabad

2. The Commissionei The Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad

3. The Speciai Oi:puty Collector, Land Acquisition Greater Hyderabad Municipal Corporation Tank Bund Road, Hyderabad

4. The District Collector, Ranga Reddy At Lakdikapool, Hydera 5. One CC to SRI N. VASUDEVA REDDY, Advocate [OPUC] 6. One CC to SRI P. KRISHNA REDDY, SC FOR GHMC [OPUC] 7. Two CCs to GP FOR MUNICIPAL ADMINISTATION & URBAN

8. Two CCs to GP FORACOUISITION, High Court for the State of Telangana. DEVELOPMENT, High Court for the State of Telangana. IOUI - IOUT

9. Two CD Copies BN NT \ HIGH COURT DATED:2910812025 ORDER WP.No.2856 of 2016 :tt ItE.S r4 1 O { r jArt 2028 r;', --.,, DISPOSING OF THE WRIT PETITION WITHOUT COSTS \,( $/'