Zakeer Hussain, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.181 of 2016 Date:05.01.2016 Between:

Zakeer Hussain, S/o B.Mohammed Sab ..... Petitioner And:

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

.....Respondents Counsel for the Petitioner: Mr. K.V.Raghuveer Counsel for Respondent No.1: GP for Municipal Admn. (AP) The Court made the following:

ORDER:

This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.2 and 3 in seeking to demolish a part of the petitioner's house bearing No.21/199/1, Chanda Sab Dargah Road, Adoni, Kurnool District, without following due process of law, as illegal and arbitrary.

At the hearing, learned counsel representing Mr. M.D.Saleem, learned Standing Counsel for Municipalities (Andhra Pradesh), appearing for respondent Nos.2 and 3, on instructions, submitted that as at present, respondent No.2 has merely made a marking on the private properties for the purpose of road widening and that before utilising those properties, it will

follow due process of law for acquiring the properties either through consent or failing which, through initiation of land acquisition proceedings.

In the light of these submissions, which are placed on record, the Writ Petition is disposed of with the direction to respondent No.2 to follow due process of law, as submitted by its Standing Counsel, before utilising the petitioner's properties for road widening.

As a sequel to disposal of the Writ Petition, W.P.M.P.No.232 of 2016 shall stand disposed of as infructuous.

____________________________ JUSTICE C.V.NAGARJUNA REDDY 05th January, 2016 DR