THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.22123 of 2007 Between:
Mr. Ahmed Khusro PETITIONER AND
1. Government of A.P. represented by Principal Secretary, Secretariat Buildings, A.P., Secretariat, Panchayatraj Department, Hyderabad and others.
RESPONDENTS ORDER:
This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief.
“…….to issue a Writ, more particularly one in the nature of Mandamus, directing the respondents herein not to take law into their own hands, to act in accordance with law, not to infringe my fundamental rights and legal rights guaranteed to me by the Constitution of India,
a) Direct the respondents herein to issue a notice to the petitioner before demolition of his boundary wall surrounding his property, for laying the road as envisaged under the law.
b) Direct the respondents to offer the petitioner a reasonable opportunity of hearing, apart from personal hearing, after service of notice upon the petitioner pertaining to the laying of road, after submission of his explanation.
c) Till then, in consequence, not to lay the road from Western side to Eastern side, dividing petitioner property, which is consisting of plots bearing Nos.94 to 105, 260 and 261 including open land surrounded by boundary wall, having roads on all the three sides i.e., North, South and West and on Eastern side residential houses are abutting to his boundary wall and after residential houses road is there, all plots and open land falls in Sy.Nos.96 to 102 of Popalguda Village & Grampanchayat, Rajendranagar Mandal, R.R. District.”
2. Heard Sri Mirza Nisar Ahmed Baig, learned counsel for the petitioner, learned Government Pleader for Panchayat Raj for respondents 1 to 3 and Sri P. Raghavender Reddy, learned counsel appearing for respondent No.4.
3. According to the petitioner, he purchased plots bearing Nos.94 to 105, 260 and 261 including open land, which does not bear any plot number, falling in Sy.Nos.96 to 102 of Popalguda Village and Grampanchayat, Rajendranagar Mandal, Ranga Reddy District, under registered sale deeds dated 8.02.1989, 13.02.1989, 07.05.1992 and 18.01.2002. He also entered into agreement of sale with the owner of plot bearing No.102. It is his case that after purchase of the said properties he constructed a boundary wall covering the entire property and that in his property there is a Mosque and two old tombs apart from his father’s Dargah. The allegation in the present writ petition is that the respondents, more particularly the 4th respondent is trying to lay the road on his property without issuing any notice as envisaged under law.
4. This Court issued Rule Nisi as long back as on 12.10.2007. No counter affidavit has been filed by the respondents herein. On instructions it is submitted by Sri P. Raghavender Reddy, learned counsel for the 4th respondent Gram Panchayat, that the petitioner herein occupied the road and constructed a compound wall covering the said road.
5. The grievance, obviously, in the present writ petition is that the respondents are trying to lay the road on the private property of the petitioner, without issuing any notice and opportunity to him. To substantiate his prima facie title to the property, the petitioner has filed sale deeds along with the writ petition.
6. For the foregoing reasons and having regard to the nature of controversy and pleadings in the writ petition, the writ petition is disposed of directing the respondents not to take any coercive action except in accordance with law. No order as to costs. As a sequel, WPMPs, if any shall stand closed.
JUSTICE A.V. SESHA SAI.
21st April, 2014 Js.