T. Nagaraja vs The Superintending Engineer,
2021 Latest Caselaw 4296 AP

              HON'BLE SRI JUSTICE NINALA JAYASURYA

                       WRIT PETITION No. 11675 of 2012

JUDGMENT: (Heard and pronounced through Blue Jeans App (Virtual)
          mode, since this mode is adopted on account of prevalence of
          COVID-19 pandemic)

      Heard Mr. T. Nagarjuna Reddy, learned counsel for the petitioners, and

learned Government Pleader for Roads & Buildings representing the respondents.

2. The writ petition is filed with the following prayer:

"........ to issue a writ of mandamus or any other appropriate writ, order or direction declaring the action of the respondenst herein in laying road from Piler to Sadum in the land belonging to the petitioners measuring an extent of Ac.0.15 cents in Sy.No.513/3A and Ac.0.18 cents in Sy.No.611/1 of Doddipalli Village, Piler Mandal, Chittoor District, without following due process of law, as arbitrary, illegal and unconstitutional, and for a consequential direction to the respondents herein to refrain from laying road in Sy.No.513/3A and in Sy.No.611/1 of Doddipalli Village, Piler Mandal, Chittoor District belonging to the petitioners and pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

3. At the time of admitting the writ petition, this Court by an order dated

20.04.2012 granted interim direction to the effect that the respondents shall not

dispossess the petitioners from their land in an extent of Ac.0.15 cents in

Sy.No.513/3A and Ac.0.18 cents in Sy.No.611/1 of Doddipalli Village, Piler

Mandal, Chittoor District. It was also clarified that the said order would not come

in the way of the State and its officers from acting strictly in conformity and in

accordance with law.

4. Having heard the learned counsel for both sides and perused the order dated

20.04.2012, this Court is of the opinion that the writ petition can be disposed of

making the said order as a final order. It is further clarified that in the event the

respondents propose to lay any road in the subject matter property, they shall

follow the procedure contemplated under law.

5. Accordingly, the Writ Petition is disposed of. No order as to costs.

6. Consequently, miscellaneous petitions, if any, pending shall stand disposed

of.

_______________________ NINALA JAYASURYA, J 25th October, 2021 cbs

HON'BLE SRI JUSTICE NINALA JAYASURYA

Writ Petition No.11675 of 2012

25th October, 2021

cbs