High Court for State of TelanganaWP/34475/2015dismissed no costs

Nagothi Appalaraju v. State Of Andhra Pradesh.

2015-10-14P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34475 of 2015 DATED : 14.10.2015 Between :

Nagothi Appalaraju S/o.Tataabai, Aged about 32 yrs, Occu : Mason, R/o.7-136, 4th Ward, Revalapalem, Madhurawada, Visakhapatnam-48.

.. Petitioner and State of Andhra Pradesh, Rep., by its Principal Secretary, Municipal Administration & Urban Development, A.P.Secretariat, Hyderabad & 3 others.

.. Respondents

This court made the following :

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34475 of 2015 ORDER :

This writ petition is filed to declare the action of the respondents seeking to acquire the petitioner's land in Ac.0.08 cents of dry land in Sy.No.211/2 and Ac.0.63 cents in Sy.No.201/15 in Madhurawada village, Visakhapatnam District for road widening without prior notice and paying compensation as illegal arbitrary, unjust, violative of Articles 14 and 300-A of the Constitution of India and principles of natural justice and also contrary to 'The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013' and 'Rules 2014' made there under, and violation to the Judgment in W.P.No.34412 of 2014 dated 08.12.2014 and praying to grant consequential direction to the respondents not to interfere with the petitioner's schedule property.

2. When the matter is taken up, learned Standing Counsel submits that so far no steps are taken for acquiring the property of the petitioner. Therefore, the question of payment of compensation does not arise. As and when property is required, the respondent-Corporation shall follow the due process either by acquiring by consent or by following the compulsory acquisition.

3. Having regard to the said statement, the writ petition is premature and is liable to be dismissed.

4. Accordingly, the writ petition is dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand dismissed.

__________________ P.NAVEEN RAO,J 14th October, 2015.

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