Sri Abaya Anjaneya Swamy Devasthanam, v. The Union Of India,

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.38536 OF 2018 Date:31.10.2018 Between:

Sri Abaya Anjaneya Swamy Devesthanam, Thatiguntapalle Village & Post, Vayalpadu Mandal, Chittoor District, rep., by Trustee of the Temple P. Sudhakar Reddy, S/o. Late Yella Reddy, R/o. Narravandlapalli Village, Kalikiri Post & Mandal, Chittoor District .. Petitioner And The Union of India, rep., by its Secretary, Ministry of shipping, Transport & Highways Department of Road, Transport And Highways, Transport Bhavan, Parliament Street, New Delhi and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.38536 OF 2018 ORDER:

Heard.

2.

Land Acquisition proceedings are set in motion for acquiring private land for public purpose i.e., for construction of four lane road on National Highway No.71 from Madanapalli to Pelair. Petitioner - Temple claims that land in Survey No.1149/1A of Thatikuntapalle Village belongs to it, whereas in the land acquisition proceedings, the name of the Temple is not shown and the land is described as poramboke land/private land/APIIC land. Petitioner claims that objections were filed by the Trustee of the Temple on 20.06.2018, but without considering the said objections, notice under Section 3-G of the National Highways Act, 1956 (for short, 'the Act') was issued causing lot of hardship and suffering.

3.

No material is placed on record to show that the subject land claimed by the petitioner belongs to it. In the absence of any material to show that the land belongs to the petitioner - Temple and as the proceedings are at the stage of notification under Section 3-G of the Act, no direction as sought for by the petitioner can be granted.

4.

The Writ Petition is accordingly dismissed.

Pending Miscellaneous Petitions, if any, shall stand closed. ____________________ P. NAVEEN RAO, J Date:31.10.2018 KH