Smt.E.Anuradha v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.11853, 11855, 11864 & 11867 OF 2018 DATED :10.04.2018 W.P.No.11853 of 2018 Between :

V. Narendra Kumar S/o.Late V.Ranganadha Gupta, Age 54 yrs, Occu : Business, R/o.D.No.88, Vijayanagar Colony, behind Ilkal I.B., Ilkal Post, Bagalkote District, Karnataka District.

.. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue (Land Acquisition) Department Secretariat Buildings, Velagapudi, Amaravati, Guntur & others.

.. Respondents W.P.No.11855 of 2018 Between :

K. Vijayabhaskar Doss S/o.late K.Tirumala Kondaiah, Age 55 yrs, Occu : Business, R/o.D.No.6-63/A, H.P.Road, Kuppam Town, Chittoor District.

.. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue (Land Acquisition) Department Secretariat Buildings, Velagapudi, Amaravati, Guntur & others.

.. Respondents W.P.No.11864 of 2018 Between :

Smt.E.Anuradha W/o.P.Eswaran, Age 57 yrs, Occu : Business, R/o.D.No.23/6, T.Nagar, Chennai, Tamilnadu State.

.. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue (Land Acquisition) Department Secretariat Buildings, Velagapudi, Amaravati, Guntur & others.

.. Respondents

- 2 - W.P.No.11867 of 2018 Between :

N.Vijayakanth S/o.R.Nagaraj, Age 33 yrs, Occu : Business, R/o.D.No.9, 1st Mine, 10th cross, Basappa layout, Ganipuram Extention, Anjanadri, Bangalore, Karnataka .. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue (Land Acquisition) Department Secretariat Buildings, Velagapudi, Amaravati, Guntur & others.

.. Respondents This court made the following :

- 3 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.11853, 11855, 11864 & 11867 OF 2018 COMMON ORDER :

Heard learned counsel for the petitioners, learned Government Pleader for Revenue and learned Government Pleader for Roads & Buildings.

2.

Petitioners claim that they are the owners of house plots of various extents in Gudlasagaram Village, Gudupalle Mandal, Chittoor District. Petitioners allege that the respondent authorities are trying to widen the road and in that process they are trying to dispossess the petitioners without following the due procedure. Apprehending illegal dispossession they claimed to have made representations and rushed to this Court.

3.

The officers arrayed as respondents in these writ petitions are from the Revenue Department and Roads & Buildings department.

4.

According to the petitioners, the existing road is proposed to be widened. If Government is in need of private properties for public purpose i.e., widening of road, they are required to follow the procedure as envisaged under the Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the Act, 2013'). Admittedly, so far no proceedings under the Act, 2013 are set in motion. Therefore, these writ petitions are filed only on mere apprehension that some officers have visited the subject lands and conducted local inspection. Therefore, on that ground no relief as sought for can be granted.

- 4 - 5.

Accordingly, the Writ Petitions are dismissed. It is needless to observe that if the authorities intend to take private lands for public purpose they are required to follow due procedure as required by law and it cannot be expected that the respondent authorities will not follow the procedure before affecting the private properties. There shall be no order as to costs. Miscellaneous petitions, if any, pending in these writ petitions shall stand closed.

__________________ P.NAVEEN RAO,J 10th April, 2018 Rds