Devulapalli Nagaraju v. The District Collector

HON'BLE SRI JUSTICE S.V. BHATT W.P.No.8384 OF 2010 ORDER:

The petitioners pray for the following relief: ...this Hon'ble Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents in diverting the newly laid approach road from the Government land through the private house sites and patta lands of the petitioners situated in Sy.No.266 and 267, within Suryapet Municipality, Suryapet, Nalgonda District under the pretext of re-alignment, without issuing any notice and without following the due process of law, as illegal, arbitrary, unjust and in utter violation of the principles of natural justice besides violative of Article 300-A of the Constitution of India and consequently direct the respondents not to dispossess or in any manner interfere with the possession and enjoyment of the petitioners in respect of their house sites/lands without following the due process of law, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case".

On 15.04.2010, the following interim order was passed: " Pending further orders, the petitioners shall not be dispossessed from the lands in question without putting them on notice and without giving them an opportunity of being heard".

The interim order is subsisting as on date. The respondents have not filed counter-affidavit.

The counsel for petitioners submits that during the pendency of the writ petition, the road is being continued and there is no diversion through the petitioners' land. Be that as it may, having regard to the nature of the prayer and the interim direction granted

by this Court, I am satisfied the writ petition can be disposed of by making the interim order as final order in the writ petition. The writ petition is, accordingly, disposed of. There shall be no order as to costs.

Consequently, pending miscellaneous petitions, stand closed. ____________ S.V.BHATT, J 23rd October, 2017 Lrkm