HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.35805 OF 2014 Date: 12.12.2014 Between :
M/s. Varalakshmi enterprises, rep.by its Managing Partner, P.Krishna Yadav, s/o.late Parameshwar Yadav, Age:47 years, Occu:Business and Agriculture, r/o.H.No.1-3-183/40/A, Gandhi Nagar, Hyderabad.
….. Petitioner And The Hyderabad Metro Rail Limited, a State owned public Enterprise of the Government, Metro Rail Bhavan, Saifabad, Hyderabad, rep.by its Managing Director and others.
….. Respondents This Court made the following:-
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.35805 of 2014 ORDER:
Petitioner claims to be the owner of property bearing Door Nos.6- 3-810 to 812/1 to 11, 6-3-831/A, 6-3-801 to 803/V/A and 803/V/B of Ameerpet, Hyderabad. Grievance of the petitioner necessitating institution of this writ petition is that without following due process of law, respondent authorities are seeking to acquire the property of the petitioner.
2. When the matter is taken up for consideration, learned standing counsel representing Metro Rail placed decision of Division Bench of this Court in W.A.No.414 of 2012 and W.P.No.532 of 2012, dated 27.11.2014. In the said judgment, this Court upheld the alignment made by the authorities from Greenlands to Shilparamam.
3. Learned standing counsel therefore submits that as a consequence to upholding the alignment appropriate steps would be taken for acquiring the properties falling within the alignment determined in this area, if required, for the purpose of widening of the road. As admitted by the counsel for petitioner, so far no land acquisition proceedings are initiated to acquire his property nor any adverse decision is taken affecting the property of the petitioner. Thus, there is no cause to institute the writ petition and writ petition is premature. It is needless to observe that if the properties are required for public purpose the respondents authorities shall follow due process of law.
4. Accordingly, the writ petition is dismissed. 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: 12.12.2014 kkm HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.35805 OF 2014 Date: 12.12.2014 kkm