WP/27925/2005 of A.S.R.K. Bhaskar, Vs The Municipal Caorporation of Cuddapah, on 29 December 2005

ORDER:

THE HON’BLE SRI JUSTICE V.V.S.RAO

WRIT PETITION NO. 27925 OF 2005

The petitioner is resident of Kadapa town. He is owner of premises bearingNo.5/374-1, 5/374-2 and 5/375 situated in the Brahmin street, Trunk Road,Cuddapah. It appears that Kadapa Municipal Council passed a resolution proposingto widen roads in Kadapa town. The petitioner alleges that officials of firstrespondent came to the petitioner’s property and marked a portion for demolition forthe purpose of widening road. Therefore, placing reliance on the judgment of thisCourt in P. Lakshmana Rao v. Executive Officer, Gram Panchayat present WritPetition is filed seeking a direction to the respondents not to demolish thepetitioner’s premises.

Learned Standing Counsel for Kadapa Municipal Corporation, Sri S.I.Newton, aftergetting instructions submits that pursuant to resolution of Kadapa Municipal Council,six committees were formed and the matter is under consideration. He furthersubmits that the officials of the Kadapa Municipal Corporation have not visited thepetitioner’s premises nor any marking was made.

After considering the rival submissions, this Court is of considered opinion that theWrit Petition is filed on mere apprehension without there being any concrete stepstaken by the Kadapa Municipal Corporation. However, if the land of the petitioner isto be acquired, the Corporation shall have to necessarily follow the procedurecontemplated either under Section 146 or under Section 147 of the HyderabadMunicipal Corporation Act, 1955, which is applicable to Kadapa MunicipalCorporation also.

The Writ Petition, with the above observations, is accordingly dismissed.

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