Bestha Sunkulammag Telugu Sunkulamrna v. The State Of A.P.,

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.13746 of 2017 ORDER:

Notice dated 03.04.2017, served on petitioner on 07.04.2017, directing to vacate the government land occupied by her is challenged before this Court. It is the specific assertion of the petitioner that, though allegation is made by respondent - authorities that she 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 her.

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.1268 of 2016, 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: 18.04.2017 usd