B. Sreedhar, vs Union Of India,
2022 Latest Caselaw 1760 AP

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.W.P.No.8951 of 2022

                          PROCEEDING SHEET

Sl. DATE                                   ORDER                            OFFICE
No.                                                                          NOTE
    12-04-2022      DVSS, J

                           Heard    the    learned    Senior   Counsel
                    appearing for the petitioner.

                           Junior     counsel        represented      Sri
                    O.Manohar Reddy, learned counsel for the
                    respondent states that on last occasion itself

arguments were submitted. An essential issue raised by the learned Senior Counsel is about the non-consideration of the issues raised in the objections which were filed as per the statutory provision. Relying upon the judgment in "Nareshbhai Bhagubhai and others v. Union of India and others"1, the learned Senior Counsel submits that the provisions of the Act which is considered by the Hon'ble Supreme Court are very similar to the provisions of the Act in the present case. Once a detailed objection is filed, the authority concerned had a duty to consider the same and thereafter pass a reasoned order. He submits that the application of mind of the competent authority should be visible. The learned senior counsel points out that in the case on hand, the competent authority has not dealt with the majority of the objections that are raised by the petitioner and merely reiterates the Government stand. The application of mind is not borne out as per him.

This court is of the opinion that prima facie case is made out for the interference at this stage. Opportunity is also given to the

(2019) 15 SCC

respondents to get instructions.

Hence, there shall be an interim order as prayed for restraining the laying of natural gas pipeline from Krishnapatnam Port to Hyderabad, in so far as it covers the land/mango garden of the petitioners in Sy.No.1287-3H2 admeasuring 01 hectare 36 Acres 64 Sq.meters (3.376 Acres) in Khata No.2732 (which is owned and possessed by 1st petitioner) and Sy.No.1218-4 admeasuring 30 Acres 36 Sq.meters (0.75 Acres) in Khata No.1527 (owned and possessed by the 2nd petitioner) of Karedu Village, Ulavapadu Mandal, Prakasam District for a period of two (2) weeks i.e., till 26.04.2022.

The respondents are directed to file their counters.

List the matter on 26.04.2022 in motion list-1.

_______ DVSS,J

AG