High Court for State of TelanganaWP/10470/2005closed no costs

Madduri Anandamma, v. The Government Of Andhra Pradesh,

2015-04-23Sanjay Kumar4 pages

HON'BLE SRI JUSTICE SANJAY KUMAR Writ Petition No.10470 of 2005 Date: 23.4.2015 Between:

Madduri Anandamma, R/o. Yerravaripalem Village & Madnal, Chittoor District.

...Petitioner

And The State of Andhra Pradesh, Represented by its District Collector, Chittoor District and others.

... Respondents

HON'BLE SRI JUSTICE SANJAY KUMAR Writ Petition No.10470 of 2005 O R D E R:

This writ petition was filed assailing the action of the authorities in trying

to dig a canal through the petitioner's land admeasuring Acs.0.75 cents and Acs.4.85 cents in Survey Nos. 1289-2 and 1294 respectively of Yerravaripalem Village and Mandal, Chittoor District, without following the due process of law. By order dated 29.4.2005, this Court directed the respondent-authorities not to interfere with the possession of the petitioner in respect of the land in question without following due process of law. While so, the Mandal Revenue Officer, Yerravaripalem, filed a counter affidavit stating that the Irrigation Department had submitted a requisition to the revenue authorities for acquisition of land for formation of a feeder channel to Chinnagottigallu tank and that as per this requisition, a part of the land in Survey Nos.1289/2 and 1294 of Yerravaripalem village were also proposed for acquisition. He further stated that the survey work had not yet been commenced and that no land would be taken without following the due process of law.

In the light of the stand taken by the Mandal Revenue Officer, Yerravaripalem, it is clear that the petitioner's apprehensions were completely misplaced and no action is sought to be taken in violation of law. The writ petition is accordingly closed leaving it open to the respondentauthorities to follow the due procedure laid down by law in the event the petitioner's land is required for a public purpose. Pending miscellaneous petitions shall stand closed in the light of this final order. No order as to costs.

________________ SANJAY KUMAR,J Date: 23rd April, 2015 pnb