Grandhi Seetha vs. The Municipal Corporation

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble Subba Reddy Satti
Case Status:Dismissed
Order Date:4 Mar 2024
CNR:APHC010581652009

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble Subba Reddy Satti

Listed On:

4 Mar 2024

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Order Text

IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13929 OF 2009 AMARAVATI

Between:

Grandhi Seetha, W/o. Late G. Kamaraju, aged about 80 years, R/o. D.N0.26-9-17/A, Ramarao Street, Gandhi Nagar, Vijayawada District. Krishna

...PETITIONER

AND

The Municipal Corporation of Visakhapatnam, Rep by its Commissioner, at Visakhapatnam

...RESPONDENT

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 declaring that the action of the respondent 12984/89/G3, dated 10-02-2005 (made available any other appropriate writ contained in ROC No. to the writ petitioner during the hearing in CC No. 1395 of 2005) rejecting payment of compensation amount relating to the consumption of 88 sq. yards of land in Sy.No. 156/6, main road, visakhapatnam is arbitrary, illegal and unconstitutional and consequently direct the respondent to determine the compensation amount payable to the husband of the petitioner Late G. Kamaraju In respect of 88 sq. yards of land in S.No.156/6 in terms of the Land Acquisition Notification dated 20-10-1998 and make payment of the statutory solatium and interest with compensation amount so determined along with the other benefits such as additional market value an additional component of interest on aggregate compensation amount at

18% p.a. from the month of January, 1986 (when the land was consumed • without following the produce of law) till the date of payment to the petitioner and grant such other relief as it deems fit in the circumstances of ' the case.

I.A. NO: <sup>1</sup> OF 2015rWPMP. NO: 1209 OF 20151

Petition under Section <sup>151</sup> CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to set aside the order dated 18-10-2014 dismissing the writ petition W.P No. 13929 of 2009 for default, and restore the writ petition to its original file, and dispose of the same on merits.

Counsel for the Petitioner: M/S BHARADWAJ ASSOCIATES Counsel for the Respondent: SRI K. MADHAVA REDDY(SC FOR GVMC) The Court made the following: ORDER

IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION No.13929 of 2009

Grandhi Seetha, W/o late G. Kamaraju, aged about 80 years, R/o .No.26-9-17/A, Ramarao Street, Grandhi Nagar, Vijayawada, Krishna District.

... Petitioner

Versus

TheMunicipalCorporation$\mathbf{of}$
Visakhapatnam,Rep.by byits
Commissioner, at Visakhapatnam.

... Respondent

Counsel for the petitioner: M/s. Bharadwaj Associates
Counsel for respondents: Sri K. Madhava Reddy,<br>standing counsel

$::$ ORDER $::$

This writ petition is of the year, 2009. When the matter listed on 07.02.2024, on the submission made by was Sri Y. Venkatesh, learned counsel representing M/s. Bharadwaj Associates, that despite their best efforts, they could not contract the petitioner, the matter was directed to be listed on 12.02.2024, under the caption 'for dismissal'. Thereafter, the matter was listed on 19.02.2024 and at request of learned counsel on either side, the matter was adjourned to 26.02.2024.

SD/- G. HELA NAIDU

SECTI FICER

2

Subsequently, the matter was listed on 26.02.2024 and 04.03.2024. However, there was no representation for the petitioner either in the forenoon or in the afternoon.

Therefore, this Writ Petition is dismissed for non prosecution. No costs.

As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.

ASSISTANT REGISTRAR //TRUE COPY//

To,

  1. One CC to M/s. Bharadwaj Associates, Advocate [OPUC]

  2. One CC to Sri. Madhava Reddy, SC for GVMC[OPUC]

  3. Three CD Copies.

ssb

HIGH COURT

DATED:04/03/2024

ORDER

DISMISSING THE W.P. FOR NON-PROSECUTION WITHOUT COSTS