High Court for State of TelanganaWP/29996/2015disposed of no costs

Adapa Vasudevarao, v. The State Of Andhra Pradesh,

2015-09-15P Naveen Rao2 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.29996 of 2015 DATED : 15.09.2015 Between :

Adapa Vasudevarao S/o.Laxminarayana, Aged about 50 yrs, Occu : Agriculture, R/o.Peddajonnavalasa Village, Amadalavalasa Mandal, Srikakulam District.

.. Petitioner and The State of Andhra Pradesh, Rep., by its Principal Secretary R & B Department, , Secretariat, Hyderabad & others.

.. Respondents This court made the following :

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.29996 of 2015 ORDER :

The petitioner claims to be resident of Peddajonnavalasa Village, Amadalavalasa Mandal, Srikakulam District. According to the petitioner already a culvert exists and in addition to the existing culvert, respondents are now undertaking construction of a new culvert which will be passing along the property of the petitioner.

2. Learned counsel for the petitioner contends that construction of new culvert would be affecting the property of the petitioner and there would be inundating of water into the property of the petitioner and would damage the property. Therefore, the petitioner opposes construction of new culvert. The averments in the affidavit filed in support of the writ petition as well as in the notice caused on 24.08.2015 do not reflect the grievance of the petitioner as now projected.

3. Since the same issue is not ventilated before the competent authorities, the writ petition is disposed of granting liberty to the petitioner to make a detailed representation as to how, the property of the petitioner would be affected, if new culvert is constructed along the property of the petitioner and as and when such representation is made, the Executive Engineer, Roads and Buildings, Srikakulam (3rd respondent), and the Mandal Parishad

Development Officer-cum-Assistant Project Officer (M.G.N.R.E.G.S.), Amadalavalasa Mandal, Srikakulam District (4th respondent) shall consider the representation of the petitioner, as expeditiously as possible, preferably within a period of one week from the date of receipt of the representation and pass appropriate orders as warranted by law and communicate the same to the petitioner. If the claim of the petitioner that his property is likely to be affected, if such culvert is constructed is agreed upon, the respondent authorities shall take proper measures to see that the property of the petitioner is not affected. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 15th September, 2015.

Note : Issue c.c., by 18.09.2015.

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