P.N.Umar Aslam v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.4626 of 2017 O R D E R:

This writ petition is filed under Article 226 of the Constitution of India, for the following relief:

"To issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of respondents in proceeding with the work of widening of Gudur - Yemmiganur Road, Gudur, Kurnool District without issuing any notices to the petitioners and without following due process of law and without paying any compensation as per the provisions of the Right to Fair Compensation and Transperency in Land Acuisition, Rehabilitation and Resettlement Act 2013, as illegal and contrary to law and violative of Article 300A of the Constitution of India and violative of Article 21 of Constitution of India and also violative of principles of natural justice and for a consequential direction to the respondents not to interfere with the rights of the petitioners over the properties mentioned in the affidavit except by due process of law."

2.

The grievance of the petitioners in the present writ petition is that the respondents without issuing notice and without following the due process of law and without paying any compensation as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 are proceeding for widening Gudur-Yemmiganur Road, Kurnool District.

3.

A letter addressed by the Commissioner, Gudurnagarapanchayat, Gudur, Kurnool to the learned Standing Counsel for the second respondent is placed on record, wherein it is stated that by following due process of law only the road widening from AMB Church to Electrical Sub-station will be taken up.

4.

The said statement of the Commissioner, Gudurnagarapanchayat, Gudur, Kurnool is recorded and the writ petition is disposed of, directing the respondents to follow the due process of law, if the land of the petitioners is required. As a sequel, the miscellaneous petitions, if any, shall stand disposed of. There shall be no order as to costs. ______________ A.V.SESHA SAI, J Date:13.02.2017 grk

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.4626 of 2017 Dated 13.02.2017 grk