Andhra Pradesh High Court - Amravati
Smt. Meduri Vijaya Lakshmi, vs National Highway Authority Of India, on 23 August, 2021
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.15152 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
"To issue Writ of Mandamus declaring the high handed action of the Respondent Authorities in trying to demolish the Petitioners House along with land i.e R.C.C Building bearing Door No.255 in an extent of land admeasuring 295.2 Sq Yds or 247-96 Sq Mtrs in D.No.51/1 Situated at Vedullapalli Village and Gram Panchayat, Bapatla West Rural, Bapatla Mandal, Guntur District, A. P vide Sale Deed bearing No.1855/1986 dated 01.10.1986 vide Assessment No.979 New H.No.53 without considering the requests of the Petitioner as illegal arbitrary biased unconstitutional against the Land Acquisition Laws and violative of principles of natural justice consequently direct the Official Respondents to consider the requests of the Petitioner"
The main grievance of this petitioner is that, the petitioner is the owner of R.C.C Building bearing Door No.255 in an extent of land admeasuring 295.2 Sq Yds or 247-96 Sq Mtrs in D.No.51/1 Situated at Vedullapalli Village and Gram Panchayat, Bapatla West Rural, Bapatla Mandal, Guntur District, having purchased the same under registered sale deed Document No.1855/1986 dated 01.10.1986 from one Kollipara Chandra Sekhara Rao. After demise of her husband, the property devolved upon the petitioner and the property was assessed to tax under Assessment No.979 (New House No.5-3). Without considering the request of this petitioner, the respondents are proposing to acquire the property and the same is illegal, arbitrary and requested to issue a direction as stated above.
Learned Assistant Government Pleader for Land Acquisition placed on record the written instructions received from Tahsildar, Bapatla dated 12.08.2021, wherein it is specifically stated as follows:
"In this connection, it is submitted that the impugned land of the petitioner's in Vedullapalli Grama Panchayat is not notified so far MSM,J WP_15152_2021 2 under NH-216 for formation of road. The National Highway authorities have only taken measurements and earmarked the house of the petitioner. After following the due process under Land Acquisition Act only, the land/house of the petitioner will take over."
It is clear from the instructions placed on record that, as on date, there is no proposal to acquire the property of this petitioner bearing Door No.255 in an extent of land admeasuring 295.2 Sq.Yds or 247-96 Sq.Mtrs in D.No.51/1 Situated at Vedullapalli Village and Gram Panchayat, Bapatla West Rural, Bapatla Mandal, Guntur District. In the absence of any proposal, question of acquiring the property of this petitioner without following due process of law does not arise. Hence, the respondents are directed not to dispossess this petitioner from the subject property, except by due process of law.
With the above direction, writ petition is closed. No costs. Consequently, miscellaneous applications, pending if any, shall stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:23.08.2021 SP