J.R.V.Subba Rao vs. Machilipatnam Municipality

Final Order
Court:High Court of Haryana and Punjab
Judge:Hon'ble Noushad Ali
Case Status:Disposed
Order Date:3 Jul 2013
CNR:HBHC010110962013

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Order Issued After Hearing

Purpose:

First Hearing

Listed On:

3 Jul 2013

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Order Text

HONOURABLE SRI JUSTICE NOUSHAD ALI

WRIT PETITION No. 18972 OF 2013

Date: 03-07-2013

Between:

J.R.V.Subba Rao. … Petitioner

And

Machilipatnam Municipality, Rep. by its Commissioner, Machilipatnam, Krishna District and another. … Respondents

HONOURABLE SRI JUSTICE NOUSHAD ALI

WRIT PETITION No. 18972 OF 2013

ORDER:

This writ petition is disposed of at the admission stage after hearing Sr i S.Sridhar, learned counsel appearing for the petitioner and Sri B.D.Maheshwar Reddy, learned Standing Counsel appearing for the first respondent.

  1. The petitioner claims to be the owner of an extent of Ac.2.15 cents of land situated in RS No. 359 of Machavaram Village, Machilipatnam. It is alleged that the respondents are trying to encroach into his land and laying two feet dia municipal water line and also lay a road and that it is not permissible for the respondents to do the same, without acquiring the land and paying him compensation as per law.

  2. Sri B.D.Maheshwara Reddy, learned Standing Counsel submits that no such action to lay water line or lay the road would be taken up without following the procedure.

  3. Having regard to the said submission, this writ petition is disposed of directing that the petitioner's possession of the subject land shall not be disturbed otherwise than by due process of law. There shall be no order as to costs.

  4. As a sequel, W.P.M.P.No. 23195 of 2013 is dismissed as unnecessary.

NOUSHAD ALI, J

___________________

July 3, 2013. KVS

ONOURABLE SRI JUSTICE NOUSHAD ALI

WRIT PETITION No. 18972 OF 2013

Dated: 03-07-2013

KVS