Rajupalem Suresh, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.41013 of 2017 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus, declaring the action of the respondents in trying to disposses/demolish the shop bearing Nos. 7/1197 situated in Korrapadu Road, Proddatur Town, Kadapa District, without issuing any notice or initiating acquisition or requisiton proceedings as being illegal, arbitrary unjust, improper and is in negation of the established Judicial Precedents besides in violation of Articles 21 and 300-A of the Constitution of India apart from in violation of principles of natural justice and fair play, consequently direct the respondents not to demolish the aforesaid house without following the due process of law and pass such other order or orders may deem fit and proper."

(Reproduced verbatim) 2.

I have heard the submissions of Sri V. Nitesh, learned counsel appearing for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development appearing for the respondents 1 & 2, and of Sri M.D. Saleem, learned Standing Counsel appearing for the 3rd respondent. I have perused the material record. 3.

At the hearing, learned counsel appearing for the petitioner and Sri M.D. Saleem, learned Standing Counsel appearing for the 2nd respondent are in agreement that the issue involved in the present writ petition is squarely covered by the orders of this Court, dated 27.07.2017, in W.P.No.24819 of 2017. A copy of the said order in the afore-stated writ petition is placed on record.

MSRM, J W.P.No.41013 of 2017 4.

Having regard to the facts and submissions, this Writ Petition is disposed of in terms of the order, dated 27.07.2017, in W.P.No.24819 of 2017, which was passed following the terms of the order, dated 07.10.2015, passed by this Court in W.P.No.32679 of 2015, directing the respondents to follow the due process of law, if the petitioner's land is required to be acquired for public purpose and accordingly pay appropriate compensation to the petitioner.

There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________________ JUSTICE M. SEETHARAMA MURTI Date: 6th December, 2017 Note: Issue C.C. by tomorrow.

(B/o.) KL

MSRM, J W.P.No.41013 of 2017 THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.41013 of 2017 Date: 6th December, 2017 KL