Telangana High Court
WP/27729/2005 of Smt. Dhana Lakshmi Panachand Narsana, Vs The Municipal Corporation of Rajahmundry, on 28 December 2005
SRI JUSTICE V.V.S.RAO WRIT PETITION NO.27729 OF 2005 DATED:28.12.2005 Between: Smt. Dhana Lakshmi Panachand Narsana …Petitioner And The Municipal Corporation of Rajahmundry Rep. by its Commissioner, Rajahmundry Municipal Corporation, Rajahmundry, East Godavari District
WRIT PETITION NO.27729 OF 2005
DATED:28.12.2005
Between:
Smt. Dhana Lakshmi Panachand Narsana
And
The Municipal Corporation of Rajahmundry Rep. by its Commissioner, Rajahmundry Municipal Corporation,Rajahmundry, East Godavari District …Petitioner …Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO
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ORDER:
WRIT PETITION NO.27729 OF 2005
The petitioner is allegedly owner of land admeasuring Acs.2.00 in S.No.283/1 ofTaditota, Rajahmundry. She allegedly purchased the same under registered saledeed dt.20.2.1995 and since then she has been paying vacant land tax to MunicipalCorporation of Rajahmundry. She alleges that the Officers of the respondentCorporation started giving markings in the site belonging to the petitioner and onenquiry she came to know that the Corporation is widening the road from existing60’ to 80’ and for that purpose her land would be taken. Apprehending that shemight be dispossessed from the land for the purpose of road widening, present WritPetition is filed seeking a direction to the respondent not to dispossess the petitionerwithout due process of law.
At the stage of admission itself, learned Standing Counsel for RajahmundryMunicipal Corporation on instructions submits that only survey was conducted, thatthe Corporation is trying to negotiate with the land owners and if the owners are notwilling to give advance possession of land for road widening, necessary action willbe taken under Section 147 of the Hyderabad Municipal Corporation Act, 1955, asapplicable to Rajahmundry Municipal Corporation.
Having regard to the submission made by the learned Standing Counsel, thisWrit Petition is dismissed observing that if the petitioner is not willing to give consentor part with her land for road widening, the respondent shall have to follow dueprocess of law before taking any action for widening road.
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(V.V.S.RAO, J)28.12.2005
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