Ennamuri Narayanamma v. State Of A.P.,

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM W.P.No.21293 of 2016 ORDER:

This writ petition is filed seeking to declare the action of respondents in trying to interfere with the peaceful possession and enjoyment over the petitioner's building and site consisting of commercial shops to an extent of 15 3⁄4 ankanams comprised in Sy.No.1356-2A and 2B situated at kota main road, Kota village and Mandal, SPSR Nellore District, as arbitrary and illegal.

Petitioner is the absolute owner and possessor of house site to an extent of 15 3⁄4 ankanams with a construction of G + 1 floor comprised in Sy.No.13562A and 2B situated at Kota Main Road and Kota Village and Mandal, SPSR Nellore District. Since the date of purchase, he is in peaceful possession and enjoyment of the same without any interruption. While so, the respondent-authorities orally directed the petitioner to vacate the said premises for road widening purpose.

The grievance of the petitioner is that without issuing any proceedings under the Panchayat Raj Act or Land Acquisition Act, or affording an opportunity to the petitioner, the respondent-authorities are trying to interfere with her peaceful possession.

In view of the above, the respondent-authorities

are directed not to interfere with the peaceful possession and enjoyment of the subject property by the petitioner, including demolition, except in accordance with the due procedure laid down by law. Writ Petition is accordingly disposed of. No costs.

Miscellaneous petitions pending, if any, shall stand closed.

__________________________________ JUSTICE CHALLA KODANDA RAM 4th July, 2016.

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