Koppisetty Yedukondalu, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 5873 AP

        HON'BLE SRI JUSTICE SUBBA REDDY SATTI

                WRIT PETITION No.28158 of 2022

ORDER:-

      This writ petition is filed seeking Mandamus declaring

the action of the respondents more particularly respondent

No.3 in demolishing the compound wall of building premises

bearing D.No.4-8-2, Ramavaram, Jaggampeta Mandal

without issuing notice or following due process of law, as

illegal, arbitrary and violative of Articles 14, 21 and 300-A of

the Constitution of India.

2. The petitioner along with his brothers purchased the

property bearing D.No.4-8-2, Ramavaram, Jaggampet Mandal

under a registered Sale Deed dated 28.11.1970. The

petitioner and his brothers filed a suit in O.S.No.23 of 1998

on the file of the II Additional District Judge, Rajahmundry

against the 2nd respondent, Revenue Divisional Officer,

Mandal Revenue Officer and Ramavaram Gram Panchayat.

The suit was decreed partly and civil Court awarded

compensation of Rs.1,20,000/-. Against the said decree and

judgment, the Government filed appeal in A.S.No.885 of 2002

and the same is pending. The petitioner and his brothers also

filed appeal in A.S.No.185 of 2002 and the same was rejected.

3. It is further averred in the writ petition that the 3rd

respondent without acquiring the land, gave red mark to the

house wall for the purpose of road widening. Aggrieved by the

said action of the 3rd respondent, the petitioner filed the

present writ petition.

4. Heard Sri E.V.V.S.Ravi Kumar, learned counsel for the

petitioner, Sri K.Narsi Reddy, learned Government Pleader for

Roads and Buildings appearing for respondent No.3 and

learned Government Pleader for Revenue appearing for

respondent Nos.1 and 2.

5. Learned Government Pleader for Roads and Buildings

passed written instructions of the Deputy Executive Engineer

(R&B), (R&B) Sub Division, Peddapuram. A perusal of the

written instructions indicate that the road from Rajupalem to

Ramavaram from km 0/0 to 11/830 was sanctioned for

widening from single lane to double lane for Rs.29.50 crores

under New Development Bank loan Assistance for Mandal to

Mandal double lane connectivity Programme. The work was

entrusted to the contractor M/s.Sudhakar Infra,

Secunderabad and the contractor has started the work and is

in progress. The petitioner's house or any part of the building

was not dismantled. The road widening was done within the

R&B road boundaries and if in any case the land available is

insufficient for widening, land acquisition will be initiated

duly following due process of law.

6. In view of the written submissions of learned

Government Pleader, the writ petition is disposed of with the

following directions.

1. The respondents are directed to conduct a survey to demarcate the existing road margins after affording an opportunity to the petitioner to participate in the survey to be conducted by the respondents;

2. If the petitioner is having any objection with regard to the alleged survey and the survey report, he is entitled to submit her objections;

3. The respondents are entitled to take appropriate action by following due process of law, if there is any encroachment of the Government land.

4. If there is no encroachment, the respondents shall follow the process of law if they intend to acquire the land of the petitioner by paying compensation as per the Acts in vogue.

5. There shall be no order as to costs.

Miscellaneous petitions, if any pending, in this case, shall stand closed.

_______________________________ JUSTICE SUBBA REDDY SATTI

Date : 05.09.2022 KA

HON'BLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION No.28158 of 2022

Dated 05.09.2022 KA