Andhra Pradesh High Court - Amravati
C V Madhusudhan Reddy vs The State Of Ap on 19 February, 2024
APHC010545662022 IN THE HIGH COURT OF ANDHRA PRADESH ::
AMARAVATI
(Special Original Jurisdiction)
[3332]
MONDAY ,THE NINETEENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 33337 OF 2022
Between:
1. C V MADHUSUDHAN REDDY, S/o. C.Laxmi Reddy, aged 40 Years, R/o.
17/62(1), Y.M.Palli, Kadapa, YSR District
...PETITIONER(S)
AND
1. THE STATE OF AP, rep.by its Secretary, Revenue(Land Acquisition)
Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
2. The District Collector, Kadapa, YSR Kadapa District
3. The Revenue Divisional Officer, Kadapa, YSR Kadapa District.
4. Kadapa Municipal
unicipal Corporation, represented by its Commissioner,
Kadapa, YSR Kadapa District.
5. The Tahsildar, Kadapa, YSR Kadapa District
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in
the circumstances stated in the affidavit
affidavit filed therewith, the High Court
may be pleased to issue a Writ of Mandamus or any other appropriate Writ
declaring that the rejection of the objections of the Petitioner in relation to
acquisition of hospital building of the petitioner bearing No. 42/347-23-
42/
3(old No.42/347-15-2),2), Simhapuri Colony, Revenue Ward No. 42, Kadapa
inrespect of acquisition of additional extent of 326 sft of the building of the
commercial and Hospital for widening of the southern side road from Y
Junction to Ambedkar circle vi vide
de proceedings of the 2nd respondent in
reference NO. G1/1098/2022 dated 18.9.2022 is arbitrary illegal and
violative of article 300A of the Constitution of India and consequently set
aside the said proceedings dated 18.9.2022 and further declare that when
the 4th respondent has granted building permission in which an extent of
3.80 mtrs on the southern side was earmarked for future road widening , it
is not open to the corporation to requisitions for acquisition of any extent
of the land /building of the petitioner in addition to ( in excess of ) the said
3.80 mtrs is illegal and invalid in law and consequently direct the
respondents to forbear from acquiring any additional land/building of the
petitioner in excess of 3.80 mtrs on the southern side of the Premises
Bearing Door No. 42/347-23-3(old No.42/347-15-2), Simhapuri Colony,
Revenue Ward No. 42, Kadapa for the so called widening of road of the
southern side i.e. Ambedkar Statue to Y Junction Kadapa city and grant
such other relief as it deems fit in the circumstances of the case.
IA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may
be pleased to vacate the interim order granted by this Hon'ble court in
IA.No.1/2022 in WP.No.33337/2022 Dt: 13.10.2022 and consequently
dismiss the writ petition no.33337/2022 with exemplary costs and pass
IA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may
be pleased to Grant stay of all further proceedings pursuant to the
proceedings of the 2nd Respondent in reference No. G1/1098/2022 dated
18.9.2022 including publication of declaration under section 19 of the Act
in so far as the Hospital building of the petitioner bearing premises No.
42/347-23-3 of Simhapuri Colony, Revenue Ward No. 42, Near RTC Bus
Stand, Kadapa in relation to the widening of road from Y Junction to
Ambedkar Circle, Kadapa Town, pending disposal of the writ petition and
grant such other relief as it deems fit in the circumstances of the case.
Counsel for the Petitioner(s):SRI. M/S BHARADWAJ ASSOCIATES
Counsel for the Respondents: GP FOR REVENUE
The Court made the following:
ORDER
The learned counsel for the petitioner sent a letter dated 15.02.2024 to the Registry seeking permission of this Court to withdraw this writ petition submitting that he has instructions from the writ petitioner to the said effect.
2. Perused the letter placed on record.
3. Permission as sought is accorded.
4. Accordingly, this writ petition is dismissed as withdrawn. There shall be no order as to costs.
As a sequel, miscellaneous petitions, pending if any, shall stand closed. Interim orders, if any, shall stand vacated.
JUSTICE RAVI CHEEMALAPATI RR