Dismissed

Smt.Verukala Vara Lakshmi v. The State of Telangana

Telangana HC16 Aug 2017WP/27094/2017

Case brief

AI extract

What is this about?

The single judge dismissed a writ petition challenging the legality of the petitioner's property possession. The court held that since a prior stay order precluded dispossession, the matter did not need to be entertained in writ proceedings, directing the petitioner to approach the Special Officer for threats of demolition.

What did the court decide?

Writ petition dismissed; no order as to costs.

Smt.Verukala Vara Lakshmi Vs The State of Telangana — Property and Title | Telangana HC (2017)

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.27094 OF 2017

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DATED : 16.08.2017

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Between : Smt Verukala Vara Lakshmi, W/o.V.Venkata Ramana, Aged about 60 yrs, Occu : Household, R/o.H.No.5-5-1064, Sahebnagar, Hyderabad.

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.. Petitioner

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And

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The State of Telangana, Rep., by its Principal Secretary, Revenue Department, Telangana Secretariat, Hyderabad & others .. Respondents

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This court made the following :

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.27094 OF 2017

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ORDER :

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Heard.

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Petitioner claims to be the owner and in possession of Plot No.A/86, admeasuring 200 Square yards in Sy.No.14 part, Sahebnagar Khurd, Hayathnagar Revenue Mandal, Ranga Reddy District. According to the petitioner, she purchased the said property from Jonnalagadda Venkata Mohan Kumar, by way of registered sale deed dated 12.02.1990. She obtained building permission on 08.09.2000 and constructed building comprising of ground + first floor. Earlier notice was issued under the Urban Land Ceiling Act, against occupancy of the properties on the said survey number alleging that the said property vests in Government. Aggrieved thereby, petitioner and several other residents instituted W.P.No.28241 of 2008. This Court by order dated 26.12.2008 made in W.P.M.P.No.37018 of 2008, stayed all further proceedings including dispossession of the petitioners pursuant to the impugned notice. Petitioner now alleges that the respondents are threatening to dispossess the petitioner and demolish the building already constructed by her.

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As briefly noted above, the direction issued by this Court covers stay of all further action in pursuant to the show cause notice including dispossession, the question of dispossession of petitioner from the house and demolition of the house as long as interim order subsists, does not arise. It may be a different issue, if the petitioner has undertaken some additional construction or new

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construction without obtaining prior permission after the interim orders are passed by this Court. The averments made in the affidavit filed in support of the writ petition do not elicit any such steps taken by her.

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Learned counsel states that no further construction is made and petitioner is in occupation of the house for the last more than 20 years.

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Having regard to the above facts, I am not inclined to entertain the writ petition and the writ petition is accordingly dismissed. It is needless to observe that the petitioner may ventilate her grievance before the Special Officer and competent authority, Urban Land Ceiling, Hyderabad, State of Telangana (2^nd respondent), if any subordinate authority illegally gives threat of dispossession or demolition. As and when such complaint is made, the 2^nd respondent shall look into the same notwithstanding the dismissal of the writ petition. There shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

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__________________ P.NAVEEN RAO,J

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16^th August, 2017 Rds

Smt.Verukala Vara Lakshmi v. The State of Telangana

Case brief

What is this about?

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Smt.Verukala Vara Lakshmi v. The State of Telangana

Case brief

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What did the court decide?

What the court decided

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