Andhra Pradesh High Court - Amravati
Pathan Madeena Khan, vs The State Of Andhra Pradesh on 18 January, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI §. (SPECIAL ORIGINAL JURISIDICTION) \ " MONDAY ,THE EIGHTEENTH DAY OF JANUARY S TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU WRIT PETITION NO: 1174 OF 2021 Between: Pathan Madeena Khan, S/o Late Mastan, Petitioner AND 4. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration and Urban Development, Velagapudi, Amaravathi, Guntur District. The Commissioner and Director,, Municipal Administration and Urban Development, 5th Lane, Annapurna Nagar, Gorantla, Guntur. The Revenue Divisional Officer,, Gurazala, Guntur District. oie Piduguralla Municipality,, Rep.by its Commissioner, Piduguralla, Guntur istrict. The Tahsildar, Piduguralla Mandal, Piduguralla, Guntur District. ao FO N Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No. 4 and 5 and their staff in making attempts to lay Tar Road in around 50 cents of petitioners land in an extent of Ac.1-50 cents in Survey No. 892/4 situate at Piduguralla, Guntur District, without following the due process of law and resorting to acquisition of land under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India apart from being violative of principles of natural justice and consequently direct the 4th and Sth respondents not to lay Tar Road Tar Road in around 50 cents of petitioners land out of an extent of Ac.1-50 cents in Survey No. 892/4 situate at Piduguralla, Guntur District, without following the due process of law or disturb the possession of the petitioner. IA NO: 1 OF 2021 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 direct the 4°" & 5" respondents not to interfere with the possession of the petitioner in the name of laying Tar Road in around 50 cents of petitioner's land out of an extent of Ac. 4-50 cents in Survey No. 892/4 situate at Piduguralla, Guntur District, without following the due process of law, pending disposal of WP 1174 of 2021, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri A. Venkata Durga Rao Advocate for the Petitioner, GP for Municipal Administration for Respondent Nos.1 & 2, GP for Revenue for Respondent No.3 and of Sri O. Manohar Reddy, Standing Counsel for Respondent No.4, the Court made the following. ORDER
Learned Assistant Government Pleader for Municipal Administration appears for respondents 1 and 2, Sri Manohar Reddy, . learned Standing Counsel for respondent No.4 and the learned Assistant Government Pleader for Revenue appears for respondents No.3 and 5. SSR The petitioner points out that on the Western side of his property the land belonging to K. Venkateswarlu is situated. He relies upon copy of the registered Gift deed dated 30.07.2004. He also points out that the pattadar passbook etc., has been issued to him and same are annexed to the writ petition as material papers. This Court is prima facie convinced that that there is no vacant site on the Western side to enable the respondents to lay a road. Hence, the interim order is granted restraining the respondents from laying a road for two (2) weeks i.e., till 01.02.2021. List on 01.02.2021.
Print the names of learned Assistant Government Pleader for Municipal Administration, Sri Manohar Reddy, learned Standing Counsel Any. Pw Sd/-K.TataRao IITTRUE COPY // ASSISTANT REGISTRAR and learned Assistant Government Pleader for Revenue. __SECTION OFFICER To
4. The Principal Secretary, Municipal Administration and Urban Development, State of Andhra Pradesh, Velagapudi, Amaravathi, Guntur District. The Commissioner and Director,, Municipal Administration and Urban Development, 5th Lane, Annapurna Nagar, Gorantla, Guntur. The Revenue Divisional Officer,, Gurazala, Guntur District. The Piduguralla Municipality,, Rep.by its Commissioner, Piduguralla, Guntur District.
The Tahsildar, Piduguralla Mandal, Piduguralla, Guntur District. (1 to 5 by RPAD) One CC to Sri A. Venkata Durga Rao, Advocate [OPUC] Two CCs to GP for Municipal Administration, High Court of Andhra Pradesh. [OUT] One spare copy ec NOD oO FON TVR HIGH COURT DVSSJ DATED:18/01/2021 ORDER WP.No.1174 of 2021 LIST ON 01.02.2021