Shaik Khajavali v. The State Of A.P., Rep. By Its Principal Secretary,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.14327 of 2017 ORDER:

Notice dated 03.042017, served on the petitioner on 07.04.2017, directing to vacate the government land occupied by him, is challenged before this Court.

It is the specific assertion of the petitioner that, though allegation is made by respondent-authorities that he occupied public road, in fact, it is the private land and has title and ownership to the land over which construction has been made by him. In view of the specific assertion of the petitioner and, prima facie, documents filed by the petitioner, evidencing right and ownership, and considering the vagueness of notice, Writ Petition is disposed of with a direction to respondent-authorities not to interfere with the petitioner's property in any manner without ascertaining the right and ownership and without following the procedure prescribed in law, including payment of compensation as enjoined under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

It may also be noted that, on earlier occasion, when the petitioner approached this Court in W.P.No.12268 of 2017, this Court allowed the Writ Petition injuncting respondent Nos. 1, 2, 4 and 5 to follow due process if the petitioner's property is required for the purpose of laying road.

Miscellaneous petitions pending, if any, shall stand dismissed. No order as to costs.

_____________________________ CHALLA KODANDA RAM, J.

Date:25.04.2017 Ssv