Andhra Pradesh High Court - Amravati
Pathan Madeena Khan, vs The State Of Andhra Pradesh on 24 March, 2021
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISIDICTION) WEDNESDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH RQY¥' WRIT PETITION NO: 1174 OF 2021 Between: Pathan Madeena Khan, S/o Late Mastan, ... Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration and Urban Development, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner and Director,, Municipal Administration and Urban Development, 5th Lane, Annapurna Nagar, Gorantla, Guntur. 3. The Revenue Divisional Officer,, Gurazala, Guntur District. 4. The Piduguralla Municipality,, Rep.by its Commissioner, Piduguralla, Guntur District. 5. The Tahsildar, Piduguralla Mandal, Piduguralla, Guntur District. ... 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 5th 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. 1-50 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 the Order of High Court dated 18-01-2021,03.02.2021 & 03.03.2021 made herein 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:
* At request for filing counter affidavit, time extended by three weeks. Interim order granted earlier is extended till then." To Sd/-E, Kameswara Rao--. ep etRae AICER SECTI [TRUE COPY// wONS . For . 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 PR HIGH COURT CMR,J DATED:24/03/2021 ORDER WP.No.1174 of 2021 INTERIM ORDER IS EXTENDED LAS aah foal.
LE ge CNEL C&y. Y t 5 fy TM cae ee we, oes, we we EAt ANDAR SS Mo Oh.
Thy:
OM! mye SS SA