K Lakshmi v. State Of Andhra Pradesh Rep By Its Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] MONDAY THE TWENTYSIXTH DAY OF SEPTEMBER, 2016 PRESENT WRIT PETITION NO. 32536 OF 2016 Between:

K. Lakshmi & Ors.

...

Petitioners V/s.

State of Andhra Pradesh Rep. by its Prl. Secretary [LA] Secretariat, Hyderabad & Ors.

...

Respondents Counsel for the Petitioners:

Sri BS Kartik & Prasad ESR Counsel for the Respondents:

GP for Land Acquisition [AP] The court made the following:

[order follows]

WRIT PETITION NO. 32536 OF 2016 O R D E R :

This writ petition is filed by the petitioners seeking mandamus to declare the action of respondents in trying to lay the road in an extent of Ac:0-53 cents in survey No. 277/5C of the first petitioner; an extent of Ac:0-20 cents in survey No.277/5D of the second petitioner; an extent of Ac:0-20 cents in survey No. 277/5D of the third petitioner; an extent of Ac:0-20 cents in survey No.277/5D of the fourth petitioner situated at Panasapadu village, Samalkota Mandal, East Godavari district, without initiating any proceedings under Land Acquisition Act, as illegal, arbitrary and violative of the principles of natural justice and consequently to direct the respondents not to take any coercive steps without acquiring the aforesaid lands of the petitioners under Land Acquisition Act by paying compensation and to pass such other suitable orders as this Court may deems fit and proper in the circumstances of the case.

2. Vide the present writ petition the petitioners seek interim direction thereby directing the respondents not to interfere with the

peaceful possession of the petitioners aforesaid land, pending disposal of the writ petition.

3. Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition [AP] takes notice for the respondents.

4. Keeping in view, the averments made in the affidavit filed in support of the petition and submission of the counsel for the parties, I hereby direct the respondents not to dispossess the petitioners from the aforesaid lands without following due process of law.

5. In view of the above direction, the writ petition is disposed of at the admission stage. No costs.

6. As a sequel, miscellaneous petitions if any, pending in this writ petition shall stand closed.

___________________________________ JUSTICE SURESH KUMAR KAIT.

26/09/2016 I s L NB : CC tomorrow B/o: I s L

WRIT PETITION NO. 32536 OF 2016 Date: 26/09/2016 Circulation No.

Court Master: I s L