M C Venkateshappa vs. The State Of Ap

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble Cheekati Manavendranath Roy
Case Status:Disposed
Order Date:15 Mar 2023
CNR:APHC010123852023

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Order Issued After Hearing

Purpose:

Admission (Municipal Admn.)

Before:

Hon'ble Cheekati Manavendranath Roy

Listed On:

15 Mar 2023

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Order Text

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.6230 of 2023

ORDER:-

The grievance of the writ petitioner is that in the process of widening the road in front of the plot of the petitioner bearing No.20 in an extent of 96 Sq. Yds of Yemmiganur, Kurnool District, covered by Sy.No.582C that the respondents have been making effort to occupy the plot of the petitioner to widen the said road and to lay the road without following due process of law.

Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration & Urban Development appearing for respondent No.1 and Sri N. Ranga Reddy, learned Standing Counsel for respondent No.2.

Learned Standing Counsel for respondent No.2, on instructions, would submit that the road at the site in question is a narrow road causing inconvenience to the public to pass through and as such a decision has been taken to widen the road for the benefit of the public and in the said process, the present road is being laid. He would submit that if at all the plot of the petitioner or any part of it is required for the purpose of

widening the said road and to lay the said road that the 2nd respondent will follow due process of law to acquire the said plot by offering TDR, if the same is acceptable to the petitioner, or by following the procedure prescribed by Section 174 of the A.P. Municipalities Act.

Therefore, recording the aforesaid submission of learned Standing Counsel for the 2nd respondent, the Writ Petition is disposed of with a direction to the 2nd respondent to follow due process of law in acquiring the said plot of the petitioner, if at all the same is required for public purpose of widening the road and to lay the road. Till the said plot is acquired by following due process of law as stated supra, the 2nd respondent shall not make any effort to dispossess the petitioner from the said plot or to lay any road over the said plot. No costs.

Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.

______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

Note: Issue CC by 20.03.2023 B/o AKN

Date: 15.03.2023

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

WRIT PETITION No. 6230 of 2023

Date: 15-03-2023

AKN