HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.238 of 2009 Date: September 11, 2014 Between:
Boon Educational Society (Regd No.437/2003), Rep. by its Correspondent Tahseen Basheer Sultana, Shamshabad, Ranga Reddy District.
… Petitioner And
1. The Government of Andhra Pradesh, . rep. by its Secretary, Municipal Administration Department, Hyderabad & 3 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.238 of 2009 O R D E R:
Heard learned counsel for the petitioner. None appears for the respondents.
2. The case of the petitioner is that they obtained requisite permissions from the Education Department to open classes up to 10th and they have been running the school. While so, on 06.01.2009, the officers of respondents 2 and 3 came to the site and attempted to demolish the school building. Before taking such action, no notice was issued by the respondents. In those circumstances, the present writ petition was filed.
3. Though no counter-affidavit is filed by the respondents, it cannot detain this Court in disposing of the present writ petition in view of the nature of the relief sought in the writ petition.
4. This Court, by order dated 07.01.2009, directed the respondents not to proceed further without following the due process of law.
5. In view of the allegation that no notice was issued to the petitioner before trying to demolish the school building situated in Plot Nos.37, 38 and 39 in Survey No.194/B/1 admeasuring 447.7 square yards situated at Prakash Nagar, Begumpet Village, Balanagar Mandal, R.R. District, the respondents are directed to follow due process of law before taking any action interfering with the possession of the said property by the petitioners.
6. The writ petition is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: September 11, 2014 BSB
0 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.238 of 2009 Date: September 11, 2014 BSB