THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.25221 of 2014 Dated : 04.09.2014 Between:
Smt Lalitha Devi W/o.Late M. Sojalingam, Aged about 80 yrs, Occu : Housewife, R/o.H.No.12-8-276/4, Allagadda Bavi, Mettuguda, Secunderabad.
.. Petitioner And Union of India, Rep., by the General Manager, South Central Railway, Rail Nilayam, Secunderabad & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.25221 of 2014 ORDER :
The petitioner claims to be the owner of two portions of the land measuring Ac.1-08 guntas and 4000 Square yards in Survey Nos.805/1 & 2 (old Survey No.745), Seethapal Mandi, Secunderabad, and that she is in occupation and enjoyment of the said property. This writ petition is instituted by the petitioner alleging that the respondents-Railway are trying to interfere with the possession and enjoyment of the property owned by the petitioner and were trying to construct a wall and closed the entry points to the property of the petitioner. Inspite of bringing the same to the notice of the concerned authority that the property belongs to the petitioner, the respondents have not clarified and raised compound wall and closed the entry points. The respondents have not stopped from undertaking construction, compelling the petitioner to institute this writ petition.
2. In support of the contention that construction activity is going on the petitioner enclosed two photographs which discloses raising of the existing compound wall.
3. On instructions, learned Standing Counsel for Railways, submitted that the compound wall was already constructed after acquiring the land by the Railways and no compound wall is being constructed as alleged and that the respondents are not encroaching upon any private land which was not acquired. However, on account of creation of nuisance by dumping the waste, the existing entry points were closed by putting up gates.
4. The said submission of the learned Standing Counsel is seriously disputed by the learned counsel for the petitioner. Respondents seriously dispute claim of the petitioner on ownership of the subject property.
5. In view of the rival stands on the issue, as agreed, the Writ Petition is disposed of giving liberty to the petitioner to submit a detailed representation to the Divisional Railway Manager (Works), South Central Railway, Secunderabad (2nd respondent) bringing to the notice of the Railways, the ownership, occupation and enjoyment of property by enclosing all relevant documents in support of the claim and if necessary, the photographs of the area. As and when such representation is received, the Railway Administration shall attend to the grievance of the petitioner and communicate their decision within a period of three (3) weeks. If the Respondent Authorities have not redressed the grievance of the petitioner, it is open to the petitioner to work out her remedies. There shall be no order as to costs.
6. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO, J Date : 04.09.2014 Note : Issue C.C. in four (4) days B/o. Rds