Telangana High Court
WA/964/2008 of The Municipal Corporation of Nellore represented byits Vs K.V.Chalamaiah, on 24 December 2008
HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD MONDAY THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT : PRESENT : THE HON’BLE SRI ANIL R.DAVE, THE CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE: P.V.SANJAY KUMAR WRIT APPEAL No. 964 of 2008 (Appeal under Clause 15 of the
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESHAT HYDERABAD
MONDAY THE TWENTY FOURTH DAY OF NOVEMBERTWO THOUSAND AND EIGHT
: PRESENT :
THE HON’BLE SRI ANIL R.DAVE, THE CHIEF JUSTICE AND
THE HON’BLE SRI JUSTICE: P.V.SANJAY KUMAR
WRIT APPEAL No. 964 of 2008
(Appeal under Clause 15 of the Letters Patent against the Order in WP.No.19316/2006 dated. 19-04-2007 on the file of the High Court).
Between:
The Municipal Corporation of Nellore, rep. by its Commissioner, Nellore, NelloreDistrict.
Appellant
AND
1. K.V.Chalamaiah, S/o. Late Seshaiah, R/o. Gudur Town, Nellore District.
2. The Government of Andhra Pradesh, rep. by its Secretary, MunicipalAdministration Department, Secretariat, Hyderabad.Administration Department, Secretariat, Hyderabad.
3. The District Collector, Nellore, Nellore District.
4. The Revenue Divisional Officer, Nellore, Nellore District.
5. The Mandal Revenue Officer, Nellore Mandal, Nellore District.
Respondents
This Writ Appeal coming on for orders as to admission upon perusing theGrounds of Appeal filed herein and upon hearing the arguments of Sri A.Sreedhar,Advocate for the Appellant, Sri P.Sridhar Reddy, Advocate for the Respondent No.1and of G.P .for Land Acquisition for the Respondents 2 to 5, the Court made thefollowing
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ORDER:
“ Upon hearing the learned advocates and looking to the facts of thecase, it is doubtful whether 41 cts. of land belonging to respondent No.1 - original petitioner, in fact, has been used for the purpose of construction ofroad in question.
In the circumstances, respondent No.3 – District Collector, Nellore isdirected to get the land in question surveyed through Assistant Director ofSurvey and Settlements in the presence of representatives of the appellantCorporation and respondent No.1 so as to find out whether the landbelonging to respondent No.1 has been used for the purpose of constructionof the road in question. The concerned surveyer shall give complete detailswith regard to the road and the land, which was owned by respondent No.1 torespondent No,3, who shall place the same on the record of this Court on orbefore 22-12-2008.
Adjourned to 22-12-2008.
Registry is directed to forward a copy of this order to respondentNo.3 – District Collector, Nellore.”
ASSISTANT REGISTRAR
// TRUE COPY //
To
1. K.V.Chalamaiah, S/o. Late Seshaiah, R/o. Gudur Town, Nellore District.2. The Secretary, Municipal Administration Department, Government of AndhraPradesh, Secretariat, Hyderabad.2. The Secretary, Municipal Administration Department, Government of AndhraPradesh, Secretariat, Hyderabad.
3. The District Collector, Nellore, Nellore District. (By Speed Post/RPAD)
4. The Revenue Divisional Officer, Nellore, Nellore District.
5. The Mandal Revenue Officer, Nellore Mandal, Nellore District.
6. Two CCs to G.P. for Land Acquisition, High Court of A.P.Hyd(OUT)
7. One CC to Sri A.Sreedhar, Advocate(OPUC)
8. Two spare copies.
SAH
HIGH COURT
HCJ & PVSKJ
DATED: 24-11-2008
NOTE: ADJOURNED TO 22-12-2008
ORDER
DIRECTION
DRAFTED BY: SAHAPPROVED BY: DRAFTED ON: 25-11-2008
HIGH COURT
HCJ & PVSKJ
NOTE: ADJOURNED TO 22-12-2008
ORDER
WA.NO. 964 OF 2008