Writ petition challenging the erection of a board by government officials claiming property belogns to them without prior notice, violating principles of natural justice. Court found prima facie illegality in the arbitrary action.
Respondents directed to remove the board erected in the subject property.
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I
HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE EIGHTEENTH DAYOF APRIL TWO THOUSAND AND TWENTYTWO
PRESENT
THE HON'BLE SMT JUSTICELALITHAKANNEGANTI
WRIT PETITION NO: 6097OF 2022
Between:
.,,PETITIONERS
AND
...RESPONDENTS
Petition under Article 226 oflhe constitution of Indiaprayingthat in the circumstances stated inthe affidavit filedtherewith, the High court may be pleased to issue a writ, order or directionmore particularlyone in the nature of writ of Mandamus declaring theaction of the 2nd and 3rd respondentsin attempting to evict thepetitionersfrom H.No.15-11-92 (Old No. 6-1-92) situated in Khanapuram Haveli, Khammamurban,KhammamDistrict, admeasuring330 sq. yards by erecting aboard claiming that the property belongs to the Road and Buildings Department withoutissuingany prior notice or following any due procedure of law as being arbitrary,illegal, highhandedand contraryto the principles of naturaljustice and inviolation of Article 14 and 300-4 of the constitution of lndia andconsequently direct the 2nd and 3rd respondents to remove the board erectedin H.No. 15-11-92(old No. 6-1-92)situated in Khanapuram Haveli,Khammam Urban, Khammam District, admeasuring 330 sq' yards and not to evict or interfere in thepetitioners possession of the above property, in the interest ofjustice
lA NO: 3 OF 2022
Petition under Serction 151 CPCprayingthat in the circumstances stated in the affidavit filed in support of thepetition, theHigh Court maybe pleasedto amend the cause title of W.P.No.6097of 2022and in the accompanyingl.As. by substituting the name MalothuBalu Naik S/o. Jethyawith Banothu Balu Naik S/o. Jethya as the 2ndpetitioner in W.P.No.6097 of 2022 and in the LAs.
fA NO: 2 OF 2022
Petition under Section 151 CPCprayingthat in the circumstances stated in the affidavit filed in support of thepetition,the High Court maybe pleasedto direct the 2nd and 3rd respondentsto remove the board erectedin H.No.15-1 1- 92 (Old No. 6-1-92)situated inKhanapuramHaveli, KhammamUrban, Khammam District, admeasuring330 sq. yards,pendingdisposal of the writ petition.
lA NO: 1 OF 2022
Petition under Section 151 CPCprayingthat in the circumstances stated in the affidavit filed in support of thepetition, theHigh Court maybe pleasedto direct the 2nd and 3rd respondents not to dispossessthe petitioners'from H.No. 15-11-92 (Old No. 6-1-92) situated in KhanapuramHaveli, KhammamUrban, Khammam District, admeasuring 330 sq.yards and not to interferein the petitioners' possession of the aboveproperty, pending disposal of thewrit petition.
Counsel for the Petitioners : SRl. C SHARANREDDY Counsel forthe Respondent Not1 to 3:GP FOR ROADSAND BUILDINGS Counsel for the Respondent No. 4 : SRl.M. BHAGYASRI, SC FOR GHMC The Court made the following : ORDER
THE HONOURABLE SMT JUSTICELALITHAKANNEGANTI
W.P.No.6097 oi 2022
ORDER
This writ petition is filedquestioningthe action of respondent Nos.2 and 3 in attemptingto evict the petitionersfrom H.No.'15-11-92 (old No.6-1-92) admeasuring 330 sq.yards, situatedat Khanapuram Haveli, Khammam Urban,Khammam District, by erecting a board claiming that theproperty belongs to the Roads and Buildings Department, without issuinganyprior noticeand withoutfollowing due procedure of law, as illegal and arbitrary'
LK, J W P.No.6097 of 2022
')
said house. Learned counselfurther submitsthat after purchase of the said property, thepetitioners, after obtaining permission from the Khammam Municipal Corporationvide permit dated19.07.2021, have demolished the existingstructureand started new construction,and when an article waspublished in a newspaper claiming that the subject property is Government land, respondent Nrjs.2 and3, without issuing any notice, have erected a boardon their landon 17.12.2021 claiming it to be Government Landbelonging to the Roadsand Buildings Department. l-earned counselfurthersubmitsthat when the property has assigned house numbers andwhenthe petitionersare paying taxes, respondent Nos.2 and3 without followingany procedureandin a highhanded manner haveerected the board and hence,the petitioners are constrained to approach this Court.
4 .Learned Assistant Government Pleader forRoadsand Buildings, while reiteratlng the counteraverments, submitsthat the subjectproperty belongs toRoads and Buildings Department.He submits that the Revenue DivisionalOfficer,Khammam,videletter dated'15.11.2021, has informed thatduring enquiry it is revealed that the scheduled land is bounded by the boundariesEast 40'feetroad, West:LlCquarters open land, North:HonourableMLA campoffice, 112-KAC, South:Sunrise apartments andthe scheduleland is in the custody of writpetitioners and atpresent,the scheduled landis open land and the land to an extent of Ac.o.02/,gts in Sy.No'272 belongs to R & B Department. He further submits thatbuilding permission was
LK, J W.P.No.6097of 2022
1 t
It
given by respondent No.4vide letter dated17 'o8 '2021 underTS- bPASS and inthe sale deedof the petitioners, survey number is not mentioned.LearnedAssistantGovernmentPleaderfurthersubmitsthat the land inSy.No.272 pertains to R & B Department and they have resumed anderectedthe board andthere is no illegalityin the action of the respondents.
LK, J w.P.No.6097 of 2022
l
No order as tocosts.
7 Miscellaneouspetitions,if any pending in thiswrit petition'shall
stand closed
SD/.G'SIREESHA ASSISTANTREGISTRAR
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//TRUECOPY//
SECTIONOFFICER
To, 1 The ExecutiveEngineer' Roads and BuildingsDivision'KhammamTown' 2. Khammam.TheDePutY ExecutiveEngineer, Roads and Buildings Sub-Division'
State of :[xxE1{1.'E!?i#f,&t51,-'J;ttJsi'i3Jl5,B['"",n,",'n" ' i"t.ngrn, at Hyderabad [OUT] 5. TwoCD CoPies' 6. OneSPareCoPY
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HIGH COURT
DATED .1810412022
ORDER
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WP.No. 6097 of 2022
DISPOSING OF THE WRITPETITION WITHOUT COSTS
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2 issues framed by the court
Whether the attempt to evict petitioners and erect a board on their property without prior notice is arbitrary and illegal.
Whether the respondents followed due procedure of law before interfering with the petitioners' possession.
Malothu Purnima
Malothu Balu Naik
State of Telangana, Rep. by its Principal Secretary, Roads and Buildings Department
The Executive Engineer, Roads and Buildings Division, Khammam
The Deputy Executive Engineer, Roads and Buildings Sub-Division
The Khammam Municipal Corporation, Rep. by its Commissioner
Lalitha Kannganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
