High Court for State of TelanganaWP/33334/2013disposed of no costs

Vaibhav Gupta S/O. Anilgupta, v. The Government Of Andhra Pradesh, Rep.

2017-06-06Raja Elango2 pages

HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.33334 of 2013 ORDER:

The present writ petition is filed seeking the following relief: "To issue an appropriate writ, order or direction, more in the nature of Writ of Mandamus, declaring the action of the respondents 2 & 3 in demolishing the two rooms constructed by the petitioner in Sy.No.740 of Kukatpally village on 11.11.2013 on the pretext of shifting of Nala in Sy.No.744 contrary to the report of the 4th & 5th respondents dated 11.7.2013 and 7.1.2012 and the further action of the respondents 1 to 3 in filling up the Nala as being illegal, arbitrary and is in violation of Articles 14 and 300-A of the Constitution of India, and consequently direct the respondents to rebuild the two rooms demolished belonging to the petitioner and award compensation."

During the course of hearing, it is submitted by the learned counsel for the respondents that if at all the petitioner is entitled for any damages, he has to establish that the land acquired belongs to him and the said issue is to be decided only by the District Collector. It is further submitted by the learned counsel for the respondents that respondents have already deposited a sum of Rs.75,00,000/- (Rupees Seventy Five Lakhs only) before the Registrar (Judicial) in connection with another writ petition of similar nature.

Considering the said submissions, the writ petition is disposed of with the following directions:

Petitioner herein is directed to make a representation, putting forth his grievance, to the District Collector concerned, attaching certified copy of this order. On such representation being made by the petitioner, the

RE, J W.P.No.33334 of 2013 District Collector concerned is directed to take appropriate decision, whether the petitioner is entitled for award of compensation in respect of the land in question or not. No order as to costs. As a sequel, miscellaneous petitions if any pending in the writ petition stand closed.

_________________ RAJA ELANGO, J June 6, 2017 MRR