Boda Venkateswara Rao, v. State Of Andhra Pradesh, Rep. By Principal Secretary To

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 17574 of 2016 ORDER:

Heard learned counsel for the petitioner, Government Pleader for Municipal Administration and Urban Development and Sri Venksteswarlu Nimmagadda, learned Standing Counsel for the Municipalities.

The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of the second respondent in insisting the petitioner to vacate his house situated in R.S.No.538 of Jangareddygudem Revenue Village, West Godavari District, for formation of cement concrete road, as illegal, irregular, irrational and violative of articles 14, 21 and 300A of the Constitution of India; and consequently direct the respondents not to interfere with the possession of the petitioner over the said house site in any manner.

Learned counsel for the petitioner mainly submits that without following the procedure and without issuing any notice the authorities are trying to evict the petitioner from the house for the purpose of laying a road across the house.

The learned Standing Counsel for the Municipalities denied the same. According to him, the respondents are laying a cement road on the existing road and if there are any encroachments on the said road they will follow due process of law while removing the same.

In view of the representation made by the learned Standing

Counsel for Municipalities, the present writ petition is disposed of, directing the second and third respondent to follow due process of law in case the house of the petitioner situated in R.S.No.538 of Jangareddygudem Revenue Village, is causing obstruction for laying C.C.Road. No order as to costs.

Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 07.06.2016 gkv