S.Md.Ghouse Basha vs. The State Of Andhra Pradesh

(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY TWO :PRESENT: THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 23474 OF 2022

Between:

S.Md.Ghouse Basha, S/o.late S. Mastan Saheb, Aged about 59 years, R/o. H.No.80-3-386, Krishna Nagar, Kurnool Kurnool District

... Petitioner

AND

• 1. The State of Andhra Pradesh, Roads and Buildings Department, Secretariat, Velagapudi, Amaravathi, Guntur District. Rep. by its Principal Secretary.
• 2. The District Collector, Kurnool District.
• 3. The Joint Collector, Competent Authority for Land acquisition of NH-167, Collectorate Complex, Kurnool, Kurnool District.
• 4. The Asst. Executive Engineer, R and B, A.P.R.D.C, Kurnool Kurnool District.
• 5. The National Highway Authority of India, New Delhi, rep. By its authorized Officer,

.... Respondents

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WHEREAS the Petitioner above named through his Advocate Sri C SUBODH presented this 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 of mandamus or any other appropriate writ or direction declaring the action of the respondents in proposing to demolish the existing shop buildings bearing Door Nos.2-959 and 2-960, situated at Alur village and Mandal of Kurnool District for widening the NH-167 Highway Road without initiating Land Acquisition proceedings and without paying compensation and widening the road only on the side where the petitioner's shop buildings are situated, without widening equally on either sides of the present existing road as illegal, arbitrary and violation of Article 14 and 300-A of Constitution of India and consequently direct the respondents not to interfere with the petitioner's shop buildings.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri C SUBODH Advocate for the Petitioner and GP for R & B for Respondent Nos.1 and 4 and GP for Revenue (LA) for Respondent Nos.2 & 3 and Sri S.S.Varma for Respondent No.5, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

• 1. The Principal Secretary, Roads and Buildings Department, Secretariat, Velagapudi, State Of Andhra Pradesh, Amaravathi, Guntur District.
• 2. The District Collector, Kurnool District
• 3. The Joint Collector, Competent Authority for Land acquisition of NH-167, Collectorate Complex, Kurnool, Kurnool District.
• 4. The Asst. Executive Engineer, R and B, A.P.R.D.C, Kurnool Kurnool District.
• 5. The Authorized Officer, National Highway Authority of India, New Delhi.

are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before 19-08-2022 on which date the case stands posted for hearing.

The Court made the following: ORDER:

"Notice before admission.

Learned Government Pleader for Roads & Buildings takes notice for the respondents 1 and 4.

Learned Government Pleader for Revenue takes notice for the 2^nd respondent.

Learned Government Pleader for Land Acquisition takes notice for the 3^rd respondent.

Sri S.S.Varma, learned Standing Counsel takes notice for the 5^th respondent.

Learned Government Pleader for Roads & Buildings seeks time to file counter. Sd/- K. SRINIVASA RAJU

List the matter after three (3) weeks."

//TRUE COPY//

SECTION OFFICER

ASSISTANT REGISTRAR

To,

1. The Principal Secretary, Roads and Buildings Department, Secretariat, Velagapudi, State Of Andhra Pradesh, Amaravathi, Guntur District.

F

• 2. The District Collector, Kurnool District-
• 3. The Joint Collector, Competent Authority for Land acquisition of NH-167, Collectorate Complex, Kurnool, Kurnool District.
• 4. The Asst. Executive Engineer, R and B, A.P.R.D.C, Kurnool Kurnool District.
• 5. The Authorized Officer, National Highway Authority of India, New Delhi.
• (1 TO 5 by RPAD- along with a copy of petition and memorandum of grounds) 6. One CC to SRI. C SUBODH Advocate [OPUC]
• 7. Two CCs to GP FOR REVENUE (LA), High Court Of Andhra Pradesh. [OUT]
• 8. One CC to SRI. S.S.VARMA, SC, Advocate [OPUC]
• 9. Two CCs to GP FOR ROADS BUILDINGS, High Court Of Andhra Pradesh.
  • $[OUT]$
• 10. One spare copy

PR

HIGH COURT

SRSJ

DATED:29/07/2022

LIST THE MATTER AFTER THREE WEEKS.

NOTICE BEFORE ADMISSION

WP.No.23474 of 2022