HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15443 of 2011 Dated : 22.01.2014 Between:
Bhasani Bharathi w/o.Murahari, Aged about 68 years, Occu:Housewife, r/o.H.No.6-103, Enumamula Village, Hanamkonda Mandal, Warangal District.
.. Petitioner And The Kakatiya Urban Development Authority, Warangal at Hanamkonda, rep.by its Vice-Chairman and another .. Respondents This Court made the following :
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15443 of 2011 ORDER :
The case of the petitioner is that she possesses land to an extent of 299 square yards in Sy.Nos.173, 173/A/7 and 174 of Enumamula Village, Hanamkonda Mandal, Warangal District. The grievance of the petitioner is that respondents proposed to widen the road to 200 feet in front of the property possessed by the petitioner and in May, 2011 with an intention to acquire the land and widen the road inspection of the property was made. On enquiries, petitioner was informed that respondents are proposing to widen the road by taking over the land of the petitioner. Since, no land acquisition proceedings were initiated, apprehending that petitioner would be dispossessed from the property owned by her without due process of law, petitioner instituted this writ petition.
2. By order dated 09.06.2011, this Court ordered that the petitioner should not be dispossessed from the house in question without following due process of law. In view of the said interim order, petitioner was not dispossessed from the house in question and according to the instructions of the counsel for the petitioner, so far no land acquisition proceedings are initiated.
3. Petitioner being rightful owner of the property in issue, she cannot be dispossessed from the property even if the land is required for public purpose unless due process of law is followed by the competent authority and compensation is paid to such acquisition. Therefore, the writ petition is disposed of directing the respondents not to dispossess the petitioner from the property in issue without following due process of law.
Miscellaneous petition, if any, pending in this writ petition, shall stand closed. No costs.
JUSTICE P.NAVEEN RAO Date: 22.01.2014 kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15443 of 2011 Dated : 22.01.2014 kkm