B.Venkata Subbaiah vs. The Kadapa Municipal Corporation
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Subba Reddy Satti
Listed On:
13 Dec 2023
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.40150 of 2012
B. Venkata Subbaiah, S/o Chinna Venkata Subbaiah, Mala by caste, age 26 years, Alankahanapalle, SC Colony, Kadapa Town and Mandal.
…Petitioner
Versus
The Kadapa Municipal Corporation, rep. by its Commissioner, Kadapa and another.
…Respondents
| Counsel for the petitioner | : Sri S.S. Bhatt |
|---|---|
| Counsel for respondent<br>No.1 | : Sri<br>K. Suresh Kumar Reddy |
| Counsel for respondent No.2 | : GP for Revenue |
ORDER
The above writ petition is filed to declare the action of the 1st respondent in trying to take over the land of the petitioner situated in Sy.No.608 of an extent of Ac.2-75 cents of Mamillapalle Village, Kadapa Mandal and District as illegal and arbitrary.
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Heard Sri S.S. Bhatt, learned counsel for the petitioner and Sri Ananda Surya, learned counsel representing Sri K. Suresh Kumar Reddy, learned standing counsel appearing for the 1st respondent.
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Counter affidavit was filed on behalf of the 1st respondent. In the counter it was stated as follows:
"In view of the representation of the people and also General Body resolution, the 1st respondent corporation has sent the proposals to the District Collector for auditing a suitable land for a modern dumping yard to the Kadapa city. Accordingly, the District Collector directed the Revenue Divisional Officer, Kadapa to allot a suitable land for establishment of Modern Dumping Yard. Thereafter land of an extent of Ac.92-00 cents in Sy.No.756 of Kolumulopalli (V), C.K. Dinne (M) is allotted for relocation of existing Dump yard of Ukkayapalli (V), Kadapa to Kolumulopalli (V), C.K. Dinne (M) and the same is under process. In view of the above facts and instructions, this 1st respondent Corporation submits that the question of taking the land of the petitioner for the purpose of Dump Yard does not arise."
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In view of the averment made in the counter affidavit as extracted supra, the apprehension of the petitioner that the respondent authorities are interfering with the possession of the land of an extent of Ac.2-75 cents in Sy.No.608 of Mamillapalle Village is misconceived.
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Recording the averments made in the counter affidavit, no orders are required in the writ petition.
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Accordingly, the Writ Petition is closed. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.
________________________________ JUSTICE SUBBA REDDY SATTI
Date: 13.12.2023 KAS
310
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.40150 of 2012
Date: 13.12.2023 KAS