R. Nancharaiah, v. The State Of Andhra Pradesh, Rep. By Its Secretary,

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1397 of 2016 28.01.2016 Between:

R.Nancharaiah .. Petitioner and State of Andhra Pradesh, represented by the Secretary, Revenue Department, Hyderabad and others .. Respondents Counsel for the petitioner: Mr.T.Ramakoteswara Rao Counsel for respondent Nos.1 and 2: Assistant Government Pleader for Revenue (AP) Counsel for respondent Nos.3 and 4: -- The Court made the following:

ORDER:

Feeling aggrieved by the action of respondent No.3 in demarcating the petitioner's plot No.336 in T.S.No.43/1,2,3 & 44/3, 1st Division, Tangellamudi, Eluru, West Godavari District, for construction of a drainage canal through the said property, the petitioner filed this writ petition.

At the hearing, Mr.Anche Panduranga Rao, learned standing counsel for Municipal Corporations (AP) appearing for respondent No.3, on instructions, has submitted that in order to examine the feasibility of laying of a drainage line, the officials of respondent No.3 have inspected the petitioner's site and demarcated the same and that so far, such work has not been commenced. He has further submitted that as and when respondent No.3 decides to lay drainage canal through the property in question, notice will be issued to the petitioner and due process of law will be followed.

In the light of the above submissions of the learned standing counsel for Municipal Corporations (AP) appearing for respondent No.3, which are placed on record, no further adjudication of the writ petition is necessary.

The Writ Petition is, accordingly, disposed of, with the direction to respondent No.3 to follow due process of law, in the event the petitioner's property is required for laying of drainage line. As a sequel to disposal of the writ petition, W.P.M.P.No.1765 of 2016 filed by the petitioner for interim relief shall stand disposed of as infructuous.

______________________________ C.V.NAGARJUNA REDDY, J 28th January, 2016 GHN