HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.17755 of 2004 Date: August 25, 2014 Between:
Md. Sardar Ali.
… Petitioner and
1. The District Collector, Mahabubnagar, Mahabubnagar District & 3 others.
… Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.17755 of 2004 O R D E R:
The grievance of the petitioner in this case was that the respondents were interfering with his peaceful possession and enjoyment of his property and were threatening to dispossess him and demolish his house and shops. The subject property bears Door Nos.1-24, 1-25, 1-26 and 1-27 at Achampet Main Road, Achampet Village and Mandal, Mahabubngar District.
2. By order dated 01.10.2004, this Court directed that without following the due procedure as contemplated either under the Gram Panchayat Act or the Land Acquisition Act for acquiring the property of the petitioner, the respondents shall not dispossess the petitioner from the property in question for widening of the road, if any.
3. Despite lapse of nearly ten years, no counter-affidavit has been filed. However, the writ petition is amenable to disposal with the following order:
As the petitioner apprehends that the respondent authorities would not follow the due procedure laid down by law and as this Court has granted him interim protection by way of the aforestated interim order, the writ petition is disposed of in terms thereof directing the respondent authorities not to interfere with the possession of the petitioner over the subject property except in accordance with the due procedure laid down by law. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
SANJAY KUMAR, J.
Date: August 25, 2014. BSB HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.17755 of 2004 Date: August 25, 2014 BSB