THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No. 39721 of 2022
JUDGMENT:-
Heard Sri T.C.Krishnan, learned counsel for the petitioner
and Sri P. Anand Surya learned counsel representing Sri K
Suresh Kumar Reddy, the learned Standing Counsel for the 3rd
respondent, Tirupati Municipal Corporation and learned
Government Pleader for Municipal Administration, who accepted notice for the 1st respondent.
2. Sri. Munireddy, learned Standing Counsel, accepted notice for the 2nd respondent. With the consent of the leaned counsels for the parties, the petition is being disposed of finally at this stage.
3. Sri. P. Anand Surya submits that he has received written instructions and the writ petition may be disposed of and in view of the instructions received, there is no need to file counter-affidavit.
4. This Writ Petition under Article 226 of the Constitution of India has been filed for the following relief:-
"It is therefore prayed that this Hon'ble Court may be pleased to issue a writ, order or 2 direction more particularly one in the nature of writ of Mandamus to declare the acts on the part of the 3rd respondent in seeking to formation of road into the petitioner's patta land (now vacant plot) bearing in Sy. No.4/3 for an extent of Ac. 0.22.28 cents out of Ac. 0.28 cents situated at No.29, Tiruapti Village Accounts, Tirupati Urban, without notice and without following due process of law amount to erroneous, arbitrary and violative of Articles 14, 19, 21 and 300(A) of the Constitution of India besides being unconstitutional and consequently to direct the respondents 2 and 3 not to interfere in the petitioner's patta land (now vacant plot) in Sy. No. 4/3 for an extent of Ac. 0.22.28 cents out of Ac.0.28 cents situated at No.29, Tirupati Village Accounts, Tirupati Urban in the interest of Justice.
5. Learned counsel for the petitioner submits that the petitioner along with the others have purchased the land to an extent of Ac. 0.28 cents in Sy. No. 4/3 situated at No.29, Tirupati Village Accounts, Tirupati Urban by way of registered sale deed in Document No. 4173/96 and got registered in the year 1996 and later on got partitioned on 23.09.2005. He further submits that staff of the 3rd respondent, the Tirupati Municipal Corporation on 03.12.2022 made attempts for formation of road, taking the petitioner's land, without following 3 any due process of law. Neither any notice was served nor the said land was acquired. He further submits that without following the procedure established by law, the petitioner cannot be deprived of his property which is a right guaranteed by the Constitution of India under Article 300-A. On 08.12.2022, the learned standing counsel for the 3rd respondent was granted time to obtain instructions and today Sri P. Anand Surya, learned counsel submits that the State Government have sanctioned 60 feet wide Masterplan Road from the existing road, besides the Hero Honda show room on Tirupati-Renigunta road upto the limits of Tirupati Municipal Corporation, towards south at Padmavathipuram area. The Municipal Council has also passed resolution vide C.R.No. 73 dated 01.10.2022 for the proposed Development of the road and for that purpose, the 3rd respondent only marked alignment of the land for the road development on 03.12.2022. He further submits that a notice was issued to the petitioner vide Roc. No. 729/2022/G1 dated 25-10-2022 informing that the petitioner's site is getting affected in the Masterplan Road and requested to furnish the documents. The petitioner did not receive the notice, a copy of which was then affixed on the compound wall of the petitioner's rented house. He further submits that in 4 taking the petitioner's property for the said purpose, the respondents will follow the due process of law.
6. Learned counsel for the petitioner has disputed the service of notice dated 25.10.2022 but submits that in view of the stand taken by the respondents that they will follow due process of law, the petitioner's grievance shall be redressed.
7. In view of the specific stand taken by the 3rd respondent as noted above that they will follow the due process of law in taking the petitioner's property for forming the Masterplan Road, no useful purpose will be served in keeping the writ petition pending. Therefore this writ petition is being disposed of with the following directions:-
(i) The respondents shall not take the petitioner's subject property or any part thereof for the purpose of forming road without following the due process of law.
(ii) The 3rd respondent shall serve a notice Roc. No. 729/2022/G1 dated 25.10.2022 afresh on the petitioner and the petitioner is at liberty to submit the reply, if any.
8. No order as to costs.
Consequently, the Miscellaneous Petitions, if any pending in this writ petition shall stand closed.
__________________________ RAVI NATH TILHARI,J Date: 13.12.2022 Issue cc in three (3) days.
(B.O) Psr 5 126 THE HON'BLE SRI JUSTICE RAVI NATH TILHARI (Disposed of) WRIT PETITION No. 39721 of 2022 Date: 13.12.2022 Psr