Datta Karunya Trust, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 5817 AP

Citation : 2022 Latest Caselaw 5817 AP
Judgement Date : 30 August, 2022

Andhra Pradesh High Court - Amravati

Datta Karunya Trust, vs The State Of Andhra Pradesh, on 30 August, 2022

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                WRIT PETITION No.21351 of 2022

JUDGMENT:-

1.    Heard Sri L.Radha Krishna, learned counsel for the

petitioner and V.Surya Kiran Kumar, learned Standing Counsel

for the respondent No.2.

2. This writ petition under Article 226 of the Constitution of

India has been filed for the following relief:-

"For the reasons stated above it is prayed that this Hon'ble Court may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the 2nd respondent in not taking further action pursuant to the proceedings Rc.No.9105/16/2019/L7(e-128501), dated 22.3.2019 consequent to which a survey was conducted on 17.4.2019 vide report dated 7.6.2019 for deletion of an extent of Ac.0.32 cents existing in Sy.No.116/1, Thatituru village, Bheemunipatnam mandal, Visakhapatnam District belonging to the petitioner from the layout LP No.78/2018, dated 24.8.2018 granted in favour of the 4th respondent as illegal and arbitrary and further direct the 2nd respondent to cancel/revise the layout No.78/2018 by excluding/deletion of Ac.0.32 cents in Sy.No.116/1 of Thatituru village, Bheemunipatnam mandal, Visakhapatnam District belonging to the petitioner and pass such other order or orders as may deem fit and proper in the circumstances of the case."

3. The grievance raised by the petitioner is that the layout

plan dated 24.08.2018 was granted in favour of the respondent

No.4 including Ac.0.32 cents in Sy.No.116/1, which belong to

the petitioner. Consequently, the petitioner filed an application

before the respondent No.2 upon which the report was called

and as per the survey report, it was found that the petitioner's

land was incorrectly included in the layout plan granted to the

respondent No.4.

4. During pendency of the writ petition, the respondent No.2

has passed the order vide RC.No.9105/2016/L7, (e-128501),

dated 22.07.2022 whereby the layout approved vide

LP No.78/2018, dated 24.08.2018 in favour of the respondent