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High Court for State of TelanganaWP/28112/2017disposed of no costs

Gujjarlapudi Nageswara Rao, v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

2017-08-22A V Sesha Sai2 pages

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.28112 of 2017 ORDER:

Heard Sri Ramana Allu, learned counsel for the petitioner, learned Government Pleader for Municipal Administration & Urban Development for the first respondent, Sri D.Ramesh, learned counsel for the second respondent, and Sri T.S.Venkata Ramana, learned counsel for the third respondent. When the matter is taken up it is submitted by the learned counsel for the petitioner that the issue in the present Writ Petition is squarely covered by an order, dated 17.03.2017, passed by this Court in W.P.No.9469 of 2017. A copy of the said order is placed on record. The operative portion of the said order reads as under:

"It is well settled that no citizen can be deprived of his property rights, which are protected under Article 300-A of the Constitution of India, without following the due process of law. However, it is open for the petitioner to accept or not the concessions granted in G.O.Ms.No.168, M.A. dated 07.04.2012. If the petitioner does not wish to avail the facilities of TTR Bonds or construction of extra floor or avail setbacks, as notified in G.O.Ms.No.168, M.A. dated 07.04.2012, respondent - authorities are at liberty to acquire the property for the purpose of road widening by following due process of law".

Following the above said order, and in terms thereof, this Writ Petition is also disposed of. However, it is made clear that

the said arrangement shall also be in accordance with the further instruction, if any, issued by the Government. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

__________________ A.V.SESHA SAI, J 22nd August, 2017 Note:

Office to enclose a copy of the order, dated 17.03.2017, in W.P.No.9469 of 2017, along with this order.

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