WRIT PETITION 5931 of 2022 on 17 February 1985

ORDER:

The present Writ Petition is filed questioning the action of the 2[nd]respondent in forcibly dispossessing the petitioner from the land in T.S.No.1961/1-2-3 to an extent of Ac.0-18 ½ cents situated at Surya Nagar, beside Padmavathi function hall, Ananthapuram for widening of the road from 80 to 100 feet without issuing any notice and following due process of law and without paying any compensation under Land Acquisition Act, 2013 as illegal, arbitrary and consequently direct the 2[nd]respondent not to lay the road without following due process of law.

2. The case of petitioners is that their father (late C.Anjaneyulu) is the absolute owner of land admeasuring an extent of Ac.0.70 cents in T.S.No. 1961/1-2-3 situated at Surya Nagar, beside Padmavathi function hall, Ananthapuram Town, Anantapuram District. Earlier in the year 1985 the 2[nd] respondent acquired the land of Ac.0.35 cents out of Ac.0.70 cents vide RC. No. 5302/C/10 dated 17.02.1985 for the purpose of laying the road. Later, the petitioners sold the land of Ac. 0.16 ½ cents to third parties out of Ac. 0.35 cents. Now, the petitioners are in peaceful possession and enjoyment of the remaining land to an extent of Ac.0.18 cents. While so, 2[nd] respondent conducted survey in respect of the land between Sangamesh Circle to Viswambar function hall in view of widening of 80 feet road to that of 100 feet road and tried to lay road with the help of JCB without issuing any prior notice and without following due process of law. When the petitioners questioned same, they informed that they are widening 80 feet road to that of 100 feet road. Hence, the action of the 2[nd] respondent is illegal and arbitrary.

3. No counter is filed.

4. During hearing, Sri Kata Samba Siva Rao, learned counsel for the petitioners reiterated the contentions; whereas, Sri Suresh Kumar Reddy Kalava, learned Standing Counsel for Municipalities appearing for the respondents agreed to issue prior notice as per the provisions of the Act before taking the land belonging to the petitioners and to follow the due process of law. Therefore, he sought a direction to the respondent No.2 to issue prior notice and follow due process of law as contemplated under the Act.

5. In view of the submission made by both the counsel, no further adjudication is required in this case. Making an attempt to lay 100 feet road without following the due process of law as contemplated under the Act, is illegal. Hence, the action of the respondent No.2 trying to lay road without issuing notice /following due process of law as contemplated under the Act is declared as illegal and consequently the respondents are directed not to lay road except by issuing notice and following due process of law as contemplated under the Act.

6. With the above direction, the Writ Petition is disposed of at the stage of admission with the consent of both the counsel. There shall be no order as to costs.

7. As a sequel, pending miscellaneous applications, if any, shall stand closed.

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JUSTICE TARLADA RAJASEKHAR RAODate: 09.03.2022 Issue cc in three (3) days (B.O) psr

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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

WRIT PETITION NO.5931 OF 2022

Date: 09.03.2021

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