Telangana High Court

WP/28801/2009 of M. Mohana Gupta, Vs State of Andhra Pradesh, on 31 December 2009

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R. SUBHASH REDDY Writ Petition No.28801 of 2009 Date: December 31, 2009 Between: M. Mohana Gupta, S/o. late Krishna Murthy, Hindu, aged about 64 years, Property, R/o.D.No.7D-1-54, East Street, Eluru … Petitioner And State of A.P., rep. by its Principal Secretary, Municipal

HON’BLE SRI JUSTICE R. SUBHASH REDDY

Writ Petition No.28801 of 2009

Date: December 31, 2009

Between:

M. Mohana Gupta, S/o. late Krishna Murthy,Hindu, aged about 64 years, Property,R/o.D.No.7D-1-54, East Street, Eluru … Petitioner

And

State of A.P., rep. by its Principal Secretary,Municipal Administration & Urban Development,Secretariat, Hyderabad, and another … Respondents

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Order:

It is submitted by the learned counsel for the petitioner as well as thelearned standing counsel appearing on behalf of the second respondent-Corporation that the subject matter of this writ petition is covered, to be disposedof, in view of the order dated 01-12-2009, passed by this court in W.P.No.25992of 2009.

Recording the said submission of the learned counsel and following the aforesaid order of this court, the writ petition is disposed of directing therespondents not to dispossess the petitioner except by due process of law, if thepetitioner expresses his willingness to part with his land, in the negotiations, ifany, held by him. However, it is open to the respondents to initiate proceedingsunder the Land Acquisition Act, 1894, if the land of the petitioner, along with thestructures, if any, raised thereon, is required for the purpose of road widening. Noorder as to costs.

December 31, 2009N.B. Furnish copy in three daysB.O.MRR

______________________

R. SUBHASH REDDY, J

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