Telangana High Court
WP/7814/1997 of Kavuru Subrahmanyam Vs The Sub-Collector on 29 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 7814 of 1997 Between: Kavuru Subrahmanyam S/o. Narsayya, Hindu Telgupalem H/o.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE P.S.NARAYANA
WRIT PETITION NO : 7814 of 1997
Between:
Kavuru Subrahmanyam S/o. Narsayya, HinduTelgupalem H/o. Penumadam, Poduru Mandal,West Godavari District.
AND
..... PETITIONER
1 The Sub-Collector, Narsapur, West Godavari District.
2 The Mandal Revenue Officer, Poduru, Poduru Mandal, West Godavari District.
3 The Executive Officer Penumandam Gram Panchayat, Penumadam, Podur Mandal, West Godavari District.
4 Guduri Surya Murthy S/o. Venkanna Teluguvaripalem, H/o.Penumadam,Teluguvaripalem H/O Penumadam, Poduru (M), West Godavari District.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a Writ of Mandamus or any other appropriate Writ order or direction declaringthe action the respondents in laying a road in petitioner's own land i.e. inR.S.No.295/2 of Telugupalem H/o.Penumadam Village, Poduru Mandal WestGodavari District without following due procedure prescribed under Land AcquisitionAct as illegal, arbitrary and contrary to Article 14 and 300 A of the constitution ofIndia and issue a consequential direction to the respondents not to interfere with thepetitioner's peaceful possession and enjoyment of the above said land.
Counsel for the Petitioner:MR.K.CHIDAMBARAM
Counsel for the Respondent Nos.1 to 3: GP FOR PANCHAYAT RAJ & RURALDEV.
The Court made the following ORDER:
The writ petition is filed for a writ of Mandamus or any other writ or appropriate orderdeclaring the action of the respondents in laying road in the petitioner’s land inRs.No.295/2 of Telugpalem H/O Penumadam village, Poduru Mandal, WestGodavari District without following due procedure prescribed under Land AcquisitionAct as illegal, arbitrary and contrary to Articles 14 and 300A of the Constitution ofIndia and issue consequential direction to the respondents not to interfere with thepetitioner’s peaceful possession and enjoyment relating to aforesaid land and passsuch other suitable orders.
This Court in W.P.M.P.No.9524 of 1997 in this writ petition had granted interimdirection to the third respondent-Executive Officer, not to proceed with the formationof the road in the property in question till further orders.
In the light of the said direction, no further action had been initiated in this regard. Inview of the facts and circumstances of the case, it is needless to say that thepossession of the petitioner cannot be disturbed unless due procedure is followed.
Hence the writ petition is disposed of with a direction to maintain status quorelating to the subject matter of the writ petition unless and until the due procedure isfollowed in this regard. No order as to costs.
Dated : 29[th] December, 2004.
______________
P.S.NARAYANA, J
Sh
To
1 The Sub-Collector, Narsapur, West Godavari District.2 The Mandal Revenue Officer, Poduru, Poduru Mandal, West Godavari District.
3 The Executive Officer Penumandam Gram Panchayat, Penumadam, Podur Mandal, West Godavari District.4 2CCs to the G.P. for Panchayat Raj & Rural Development, High Court Buildings, Hyderabad (OUT).
5 2CD copies.