M.Ananda Rao v. .Union Of India

HON'BLE SRI JUSTICE SURESH KUMAR KAIT Writ Petition No.25995 of 2016 ORDER:

Vide present writ petition, the petitioner seeks writ of Mandamus to declare the action of the respondent authorities in occupying the land and demolishing the house of the petitioner, without paying the full compensation and alternative house site, as illegal and unconstitutional.

2. Learned counsel for the petitioner submits that the petitioner is entitled for compensation for 30 sq. meters of land occupied by the authorities for expansion of NH-5 at Sy.No.479/2/A/1B, Throvagunta Village, Ongole Mandal, Prakasam District. He further submits that the respondents may be directed to pay penal interest in addition to the compensation paid for 15 sq. meters of land and to grant financial assistance for construction of the house in the alternative site. To this effect, the petitioner has made a representation dated 30.05.2016 to the District Collector & Magistrate, Prakasam District. However, there is no response from the said Officer.

3. Keeping in view of the averments made in the said petition and the submissions of the learned counsel appearing for the petitioner, I hereby direct the District Collector & Magistrate, Prakasam District to decide the representation dated 30.05.2016 filed by the petitioner within four weeks from the date of receipt of a copy of this order and the decision taken thereon shall be communicated to the petitioner within one week thereafter. If the petitioner still aggrieved of the action or inaction of the said authority mentioned above, the petitioner is at liberty to challenge the same before appropriate forum.

4. With the above direction, the writ petition is disposed of. No order as to costs. Pending miscellaneous petitions, if any, in this writ

petition shall stand dismissed in consequence. _____________________ SURESH KUMAR KAIT, J Date: 04.08.2016 BSS HON'BLE SRI JUSTICE SURESH KUMAR KAIT Writ Petition No.25995 of 2016

Date: 04.08.2016 BSS