C.Laxmi Reddy vs. State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Ravi Cheemalapati
Listed On:
26 Feb 2024
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
MONDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 33345 OF 2022
Between:
C.Laxmi Reddy, S/o. Narapu Reddy, aged 72 Years, R/o. 17/62(1) Y.M.Palli, Kadapa, YSR District
...Petitioner
AND
-
- State of Andhra Pradesh, rep.by its Secretary, Revenue(Land Acquisition) Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
-
- The District Collector, Kadapa, YSR Kadapa District.
-
- The Revenue Divisional Officer, Kadapa, YSR Kadapa District.
-
- Kadapa Municipal Corporation, represented by its Commissioner, Kadapa, YSR Kadapa District.
-
- The Tahsildar, Kadapa, YSR Kadapa 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 of Mandamus or any other appropriate Writ declaring that the rejection of the objections of the Petitioner in relation to acquisition of building of the petitioner bearing No. 42/347-23-2(old No.42/347-15-2), Simhapuri Colony, Revenue Ward No. 42, Kadapa in respect of acquisition of 555 sft of the building of the commercial and Hospital for widening of the southern side road from Y Junction to Ambedkar circle vide proceedings of the 2'""' respondent in reference No. G1/1098/2022
dated 18.9.2022 is arbitrary, illegal and violative of article 300A of the Constitution of India and consequently set aside the said proceedings dated 18.9.2022 and further declare that when the 4th respondent Corporation has granted building permission in which an extent of 3.80 mtrs on the southern side was earmarked for future road widening, it is not open to the corporation to requisitions for acquisition of any extent of the land /building of the petitioner in addition to (in excess of) the said 3.80 mtrs, is illegal and invalid in law and consequently direct the respondents to forbear from acquiring any additional land/building of the petitioner in excess of 3.80 mtrs on the southern side of the Premises Bearing Door No. 42/347-23-2(old No.42/347-15-2), Simhapuri Colony, Revenue Ward No. 42, Kadapa for the so called widening of road on the southern side i.e. Ambedkar Statue to Y Junction, Kadapa city and grant such other relief as it deems fit in the circumstances of the case.
lA NO: <sup>1</sup> OF 2022
Petition under Section <sup>151</sup> CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Grant stay of all further proceedings pursuant to the proceedings of the 2nd Respondent in reference No. G1/1098/2022 dated 18.9.2022 including publication of declaration under section 19 of the Act in so far as the Hospital building of the petitioner bearing premises No. 42/347-23-2 of Simhapuri Colony, Revenue Ward No. 42, Near RTC Bus Stand, Kadapa in relation to the widening of road from Y Junction to Ambedkar Circle, Kadapa Town, pending disposal of the writ petition.
lA NO: <sup>1</sup> OF 2023
Between:
The Kadapa Municipal Corporation, represented by its Commissioner, Kadapa, YSR Kadapa District.
...Petitioner(R4)
AND
-
- C.Laxmi Reddy, S/o. Narapu Reddy, aged 72 Years, R/o. 17/62(1), Y.M.Palli, Kadapa, YSR District
-
- The State of Andhra Pradesh, rep.by its Secretary, Revenue(Land Acquisition) Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
-
- The District Collector, Kadapa, YSR Kadapa District.
-
- The Revenue Divisional Officer, Kadapa, YSR Kadapa District.
-
- The Tahsildar, Kadapa, YSR Kadapa District.
...Respondents
Petition under Section <sup>151</sup> CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order issued in lA No.1 of 2022 dated in WP.No.33345/2022 Dt: 13.10.2022 and consequently dismiss the writ petition No.33345/2022 with exemplary costs.
lA NO: 2 OF 2023
Between:
The Revenue Divisional Officer, Kadapa, YSR Kadapa District.
...Petitioner/Respondent
AND
- C.Laxmi Reddy, S/o. Narapu Reddy, aged 72 Years, R/o. 17/62(1) Y.M.Palli, Kadapa, YSR District
...Respondent/Writ Petitioner
-
- State of Andhra Pradesh, rep.by its Secretary, Revenue(Land Acquisition) Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
-
- The District Collector, Kadapa, YSR Kadapa District.
-
- Kadapa Municipal Corporation, represented by its Commissioner, Kadapa, YSR Kadapa District.
- The Tahsildar, Kadapa, YSR Kadapa District.
...Respondents/Respondents
(R2 to R5 are not necessary parties In this petition)
Petition under Section <sup>151</sup> CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated 13.10.2022 passed by the Hon'ble High Court and also to dismiss the WP No.33345/2022 in the interest of justice.
Counsel for the Petitioner: M/S BHARADWAJ ASSOCIATES
Counsel for the Respondents: GP FOR REVENUE
Counsel for the Respondents: GP FOR LAND ACQUISITION
Counsel for the Respondents: SRI SURESH KUMAR REDDY KALAVA, SC for MUNICIPALITIES
The Court made the following order:
APHC010545872022 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
3332 1
MONDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 33345 OF 2022
Between:
C.Laxmi Reddy
...PETITIONER(S)
AND
STATE OF ANDHRA PRADESH AND OTHERS
$...RESPONDENT(S)$
Counsel for the Petitioner(s):SRI. M/S BHARADWAJ ASSOCIATES
Counsel for the Respondents: GP FOR REVENUE
The Court made the following:
Learned counsel for the petitioner addressed a letter to the Registry dated
- 15.02.2024 seeking permission of this Court to withdraw the Writ Petition.
- $\overline{2}$ . Permission is granted.
- $3.$ Accordingly, the Writ Petition is dismissed as withdrawn. No costs.
Miscellaneous applications, pending if any, shall stand closed.
//TRUE COPY//
Sd/-N.NAGAMMA ASSISTANT REGISTRAR
$n$ ll SECTION OFFICER
To,
-
- One CC to M/s Bharadwaj Associates, Advocate [OPUC]
-
- One CC to Sri Suresh Kumar Reddy Kalava, SC for Municipalities [OPUC]
-
- Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
-
- Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh. IOUTI
-
- Two CD Copies
RAM Brun
ORDER
WP.No.33345 of 2022
DISMISSING THE WP AS WITHDRAWN WITHOUT COSTS
9 Copies $RVVV$ <br> $1|5|14$