A.Sainath, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.621 of 2016 07.01.2016 Between:

A.Sainath .. Petitioner and The State of Andhra Pradesh, represented by its Principal Secretary, Municipal Administration and Urban Development Department, Hyderabad and others .. Respondents Counsel for the petitioner: Mr.N.Nanda Kishore Counsel for respondent No.1: Government Pleader for Municipal Administration and Urban Development (AP) Counsel for respondent No.2: -- The Court made the following:

ORDER:

This writ petition is filed for a mandamus to declare the action of the respondents in seeking to demolish the petitioner's shop bearing No.21/213 situated at Yemmiganur Road, Adoni, Kurnool District, without following due process of law, as illegal and arbitrary. At the hearing, learned counsel representing Mr.M.D.Saleem, learned standing counsel for Municipalities (AP), appearing for respondent No.2, on instructions, has submitted that at present, respondent No.2 has merely made a marking on the private properties for the purpose of road widening and that before utilizing those properties, it will follow due process of law for acquiring the same either through consent or failing which, through initiation of proceedings under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

In the light of the above submissions, which are placed on record, the Writ Petition is disposed of, with the direction to respondent No.2 to follow due process of law, as indicated above, before utilizing the petitioner's property for road widening.

As a sequel to disposal of the writ petition, W.P.M.P.No.772 of 2016 filed by the petitioner for interim relief shall stand disposed of as infructuous.

______________________________ C.V.NAGARJUNA REDDY, J 07th January, 2016 GHN