Talluru Prasad v. State Of A.P.

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.26062 of 2018 ORDER:

A counter affidavit deposed by the Assistant Executive Engineer (R&B) Section, Allur, is filed stating that in Sy.No.646, the R&B authorities already laid the road on the existing road and though the encroachments were removed from Sy.No.646 by the Gram Panchayat, the Roads and Buildings authority has not started road widening work as the Gram Panchayat has not handed over the site to R&B authorities. It is further stated that with regard to the other lands in Sy.Nos.343, 301, 320, 314/1, 304/2b, 2d, 2E, 304/2F, 2G, 2H, 313/2, 305, 309 and 650, as on today there is no activity of laying the road undertaken by the Roads and Buildings Department. It is also averred in the said counter, that if the Roads and Buildings Department require any private property or removal of encroachments, they will follow due process of law through competent authorities and with regard to Sy.No.303, it is purely Roads and Buildings land, as per Revenue Records and the authorities did not touch the Sy.No.303 also as on today.

Taking into account the averments in the counter and having regard to the categoric assertion of the petitioners herein that they are in possession of the property as on date and in the event of undertaking any construction activity/laying of road, the respondent-authorities shall issue notices and afford opportunity to the petitioners herein before proceeding further.

With the above observation, the Writ Petition is disposed of. Till then, status quo with regard to the possession shall be maintained.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. No costs. ___________________ A.V.SESHA SAI,J 27th July, 2018 Note: Issue order copy today.

(B/o.smr)