D.Venkata Parusu Ramulu. v. The State Of Andhra Pradesh. Rep By Its Principal Secretary
THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.13191 OF 2017 ORDER:
This writ petition is filed seeking following relief:- " ...
to issue an order or a direction or a Writ more particularly one in the nature of Writ of Mandamus by declaring the action of the respondents herein for not implementing Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and not following any due process of law and without paying any compensation while proceeding further for widening the road in their respective houses, as illegal, arbitrary, autocratic, ultra vires and against the principles of natural justice and consequently direct the respondents herein to pay compensation by following due process of law by following the Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, pertaining to the petitioners' houses respectively (1) old No.2-27, present No.2-23, old Assessment No.
487, new Assessment No.142; (2) old No.1-33, present No.1-39, old Assessment No.29, new Assessment No.39; (3) old No.4-111 B & 1-49, present No.226 and 1-45, old Assessment No.380 & 33, New Assessment No.145 & 45; (4) old No.1-40, old Assessment No.33; (5) old No.242, present No.2-29, new Assessment No.148; (6) old No.1-32, old Assessment No.29; (6) old No.1-32, old Assessment No.
(7) old No.2-32, present No.2-34, new Assessment No.152; (8) old No.2-52, present No.2-35, old Assessment No.423, new Assessment No.153; (9) old No.2-45, present No.2-32, new Assessment No.150; (10) present No.2-30, new Assessment No.149; (11) old No.2-18, old Assessment No.112, situated at P.Rayavaram Village of Pithapuram Mandal, East Godavari District, in the interests of justice and consequently not to dispossess and not to interfere from their respective houses and pass such other order or orders as this Hon'ble Court deems fit and proper under the circumstances of the case." This Court, while issuing notice before admission, on 13.04.2017, directed the respondents not to lay road without acquiring the subject land or issuing notice to the petitioners.
No counter affidavit is filed as on today. In view of the same, the interim order, dated 13.04.2017, is made as a final order and the respondents are restrained from taking steps to evict the petitioners or interfere with the property of the petitioners, without following due process of law.
The writ petition is accordingly disposed of. Consequently, miscellaneous petitions, if any pending, in the writ petition shall stand closed.
__________________________ A.RAMALINGESWARA RAO, J 25.04.2018 pln