Telangana High Court
WP/28907/2008 of Smt.M.Poorna Bindhu Vs Vijayawada Municipal Corporation, on 30 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28907 of 2008 Between: Smt.M.Poorna Bindhu W/o.Harish R/o.Vijayawada, Krishna
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
TUESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENTTHE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION NO : 28907 of 2008
Between:
Smt.M.Poorna Bindhu W/o.Harish
R/o.Vijayawada, Krishna District.
AND
..... PETITIONER
1 Vijayawada Municipal Corporation, Rep. by its Commissioner,Vijayawada.
2 Chief Engineer, Engineering Section, Vijayawada Municipal Corporation, Vijayawada.
3 Chief City Planner, Vijayawada Municipal Corporation, Vijayawada.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to to issue a writ order or direction more particularly onein the nature of a Writ of Mandamus declaring the action of therespondents of laying road in the middle of the petitioners land situatedin R.S.No.37/1, 38/1, Bhavanipuram, Adjacent to Krmbay Road,Vijayawada, is illegal, arbitrary void and against to principles of naturaljustice and pass.
Counsel for the Petitioner: MRN.CHIRANJEEVI
Counsel for the Respondents: SMT.G.JHANSI
The Court made the following Order:
THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION No.28907 of 2008
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ORDER:
1 When the material for the purpose of laying road was placed in theplot belonging to the petitioner, apprehending that a road may be laid,she approached this Court and filed the present Writ Petition.
2 On instructions the learned standing counsel for VijayawadaMunicipal Corporation submitted that there is no proposal to lay anyroad in the plot belonging to the petitioner and the respondentauthorities have directed their men to remove the material dumped in theplot belonging to the petitioner.
3 In the light of the said submission made by the learned standingcounsel, this Court is of the view that no direction need be given in thiswrit petition. However, it is made clear that if the respondentCorporation wants the plot belonging to the petitioner for the purpose oflaying the road, it may do so after following due process under law.
4 With the above direction, the Writ Petition is disposed of at thestage of admission. No order as to costs.
____________________________
(GOPALA KRISHNA TAMADA, J)
To
1 Vijayawada Municipal Corporation, Rep. by its Commissioner,Vijayawada.Vijayawada.
2 Chief Engineer, Engineering Section, Vijayawada MunicipalCorporation, Vijayawada.Corporation, Vijayawada.
3 Chief City Planner, Vijayawada Municipal Corporation, Vijayawada.4 2CD copies4 2CD copies Form-NIC-OGS/WP{KURR}