High Court for State of TelanganaWP/2211/2016disposed of no costs

Tamminaina Govindamma W/O. Venkata Mohan Krishnarao v. The State Of Andhra Pradesh

2016-01-27C.V.Nagarjuna Reddy2 pages

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2211 of 2016 Date:27.01.2016 Between:

Tamminaina Govindamma, W/o Venkata Mohan Krishna Rao and another.

..... Petitioners And:

The State of A.P., reptd by its Principal Secretary, Municipal Administration Department, Hyderabad and another.

.....Respondents Counsel for the Petitioners: Mr. Mangena Sree Rama Rao Counsel for Respondent No.1: GP for Municipal Admn. (AP) The Court made the following:

ORDER:

This Writ Petition is filed for the following substantive relief:

".... to issue a Writ of Mandamus declaring the action of respondent No.2 in threatening to demolish the petitioners' house property together with site bearing Door No.4-6827/1,2 (Assessment No.108008586) and Door No.4-61-19, (Assessment No.108007771) of 6th Ward, 4th Block, Indira Nagar, Tadepalligudem Municipality, without following due process of law i.e., without acquiring their properties under the

Provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, under the Provisions of A.P. Municipality Act, 1964 and Land Encroachment Act, 1905 as illegal and arbitrary and also in violative of Articles-14, 21 and 300-A of the Constitution of India and consequently, to direct respondent No.2 to drop the proposal for widening/laying of the road."

At the hearing, Mr. Nimmagadda Venkateswarlu, learned Standing Counsel for Municipalities (Andhra Pradesh), appearing for respondent No.2, submitted that as per the instructions from his client, respondent No.2 has demolished only the steps of the building of petitioner No.1. He has, however, assured that no further structures will be demolished without following due process of law. This submission of the learned Standing Counsel is placed on record and the Writ Petition is, accordingly, disposed of.

As a sequel to disposal of the Writ Petition, WPMP.No.2797 of 2016 shall stand disposed of as infructuous.

____________________________ JUSTICE C.V.NAGARJUNA REDDY 27th January, 2016 DR