HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.34764 of 2014
Date: 18.11.2014 Between:
Diwan Devanand, S/o. Late Diwan Ellusha, Aged 51 years, Occu:Business, R/o.4-1-181/1, Hanuman Tekdi, Hyderabad and another … Petitioners AND State of Telangana, rep.by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad and others.
.. Respondents
The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.34764 of 2014
ORDER:
Contending that the properties of the petitioners bearing premises No.1-8-522/35, 1-8-522/35/1 to 5 and 1-8-522/35/A to C, totally admeasuring 183 square yards, consisting of ground and first floor at Chikkadapally Main Road, Hyderabad, are the Government properties, the petitioners are sought to be dispossessed without following due process of law and there is imminent threat of eviction and demolition of the properties of the petitioners, the writ petition is instituted.
2. Learned counsel for the petitioners traces the history of earlier notices issued in accordance with the provision contained in GHMC Act and subsequently Land Acquisition proceedings, which were given up and again initiating proceedings under GHMC Act. In the process, on 23.8.02012, notices were issued to the petitioners, in which it is referred that the properties, which petitioners claim as their own, are Government property and they are in illegal possession of the said property. Therefore, they were informed that a meeting is convened for fixation of ex-gratia. Petitioners have replied to the said notice, but thereafter no further proceedings have taken place. On 07.10.2014 petitioners submitted a representation stating that their properties are sought to be taken away by demolishing the structures without following due process of law.
3. Learned standing counsel representing GHMC, on instructions, asserts that there is no immediate cause for the petitioners to institute this writ petition. The GHMC shall follow the process of negotiations and only after the amount payable is determined and paid, the property would be taken and as of now the issue of negotiations is in process. In case the occupant of the property is not in favour of the negotiations, due process of law would be followed to take possession of the property. As of now, there is no immediate threat of evicting the petitioners from their premises as the process of negotiations are still in progress.
4. In view of the said statement of the learned standing counsel for GHMC, on instructions, the apprehension expressed by the writ petitioners, for invoking jurisdiction of this Court is misplaced. Hence, the writ petition is dismissed. It is always open to the petitioners to work out their remedies as and when an adverse decision is taken against them. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
JUSTICE P.NAVEEN RAO Date: 18.11.2014 Kkm HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.34764 of 2014
Date: 18.11.2014 kkm