Andhra Pradesh High Court - Amravati
Addanki Venkata Siva, vs The State Of Andhra Pradesh, on 28 June, 2021
Author: Battu Devanand
Bench: Battu Devanand
1
HON'BLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION No.12113 OF 2021
O R D E R:
This writ petition has been filed against the action of the respondents in insisting the petitioners to vacate from their restaurant situated in an extent of Ac.0-29 cents in Survey No.351/2 of Kalujuvvalapadu Revenue Village in Tarlupadu Mandal, Prakasam District without following due process of law.
02. The learned Standing Counsel appearing for respondent No.6, on instructions, submits that they are constructing Rythu Barosa Kendram building in the land situated in Survey No.351/2, but, they are not touching the land of the petitioners, which is situated in Survey No.351/4. The statement made by the learned Standing Counsel appearing for the 6th respondent is placed on record.
03. On perusal of the statement made by the learned Standing Counsel appearing for the 6th respondent, it is clear that the 6th respondent is proceeding with construction of Rythu Barosa Kendram only in the land situated in Survey No.351/2 for which the petitioner has no connection. As per the statement of the learned counsel for 2 the petitioners, they are absolute owners and possessors of the land in Survey No.351/4 to an extent of Ac.0-29 cents.
04. Having heard the submissions of both the counsel and upon perusing the material available on record, in the considered opinion of this Court, this writ petition can be disposed of at the stage of admission with the consent of both counsel without keeping pending years together to meet the interest of justice directing the respondents to follow due process of law.
05. Accordingly, this writ petition is disposed of directing the respondents to follow due process of law, if they intend to acquire the land of the petitioners to an extent of Ac.0-29 cents in Survey No.351/2 of Kalujuvvalapadu Revenue Village in Tarlupadu Mandal, Prakasam District by following due process of law.
06. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, in the Writ Petition shall stand closed.
_______________________ JUSTICE BATTU DEVANAND Date: 28.06.2021 Note: Furnish CC by 29-06-2021.
B/o PGR 3 HON'BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION No.12113 OF 2021 Dt: 28.06.2021 PGR