Patnaikuni Sudarsan v. Greater Visakhapatnam Municipal Corporation, Rep. By Its Commissioner

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO WRIT PETITION No.1375 of 2018 ORDER:

The prayer in the writ petition reads as follows: "...........declaring the action of the Respondent in interfering and attempting to encroach into the private property of the Petitioners which they have acquired under the registered Sale Deed dated 14.02.2007 (Reg. No.682/2007) without following the due process of law and following the principles of natural justice by issuing a notice as illegal and arbitrary, consequently, direct the Respondent Corporation to refrain from interfering or encroach into the private property of the Petitioners, which they have acquired under the registered Sale Deed dated 14.02.2007 (Regn. No.682/2007) and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2.

Heard learned counsel for the petitioners and while recording the offer from the oral instructions by Sri S.Lakshmi Narayana Reddy, learned Standing Counsel for respondent, from the above prayer in the writ petition, as it is not the case of the counsel for the respondent that they are going to acquire any private property, leave about any interference with private property, is only by following due process of law.

3.

Accordingly, the writ petition is disposed of, for nothing to keep the matter pending, with the observation that the respondent can construct the drainage or widen the road in the municipal area and if at all any private property of the petitioners to be encroached, they have to follow the due process of law. The respondent shall cause

demarcate the property before proceeding further with the digging of any existing drainage or construction of the drainage or widening of the road, as the case may be.

Miscellaneous petitions pending, if any, shall stand closed. No costs.

____________________________ Dr. B. SIVA SANKARA RAO, J 19th January 2018 mar