Andhra Pradesh High Court - Amravati
Lingumahanthi Surya Prakash Rao vs State Of Andhra Pradesh on 28 September, 2022
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.31781 of 2022
JUDGMENT:-
1. Heard Sri A.Rama Rao, learned counsel for the petitioners
and learned Government Pleader for Municipal Administration
for the respondent No.1, Sri G.Naresh Kumar, learned counsel,
representing Sri M.Manohar Reddy, learned Standing Counsel
for the respondent No.2, Vijayanagaram Municipal Corporation
and learned Assistant Government Pleader for Revenue for the
respondent Nos.3 and 4.
2. With the consent of the parties counsels, the writ petition
is being disposed of finally at this stage.
3. This writ petition under Article 226 of the Constitution of
India has been filed for the following relief:-
"For the aforementioned reasons it is prayed that
this Hon'ble Court may be pleased to issue order or
direction, more particularly one in the nature of Writ of
Mandamus questioning the action of the respondents 2 to
4 are proposing to construct water tank in the petitioners
house site Plot numbers 373, 374 and 375 approved in
Sai Keerthana Nagar layout of KL Puram Village in
Vizianagaram District within the limits of Vizianagaram
Municipal Corporation without acquiring the land under
Right to fair compensation and transparency in Land
Acquisition Rehabilitation Resettlement Act, 2013 and
without paying any compensation and without following
the procedure contemplated under law as illegal,
arbitrary, discriminative, unjust, contrary to law and
violation of Articles 14, 21 and 300-A of Constitution of
India and consequently direct the respondents not to
make any construction in petitioners plot numbers 373,
374 and 375 approved in Sai Keerthana Nagar layout of
KL Puram Village in Vizianagaram District within the
limits of Vizianagaram Municipal Corporation and pass
such other order or orders as this Hon'ble Court may
deem fit and proper in the facts and circumstances of the
case."
4. Sri A.Rama Rao, learned counsel for the petitioners
submits that the petitioner Nos.1 and 2 purchased Plot Nos.373
and 374 vide registered sale deed dated 13.04.2016, and the
petitioner No.3 purchased Plot No.375 vide registered sale deed
dated 21.06.2004. With respect to the said plots the statement
of encumbrance of property certificates were also issued.
Recently the respondent Nos.2 to 4 are proposing to construct
water tank over those plots of the petitioners, without acquiring
the same and without paying any compensation, contrary to law
violating the petitioners' right to property guaranteed by Article
300-A of the Constitution of India.
5. The petitioners in the above respect have submitted
various representations, the last one being to the District
Collector, Vijayanagaram dated 14.09.2022, Ex.P10, but till
date no action has been taken thereupon, on the other hand,
respondent No.2 has started construction work.
6. Sri G.Naresh Kumar, on the basis of instructions received
from the Town Planning Officer of the respondent No.2 submits
that these plots are the open space in the layout plan.
7. The controversy as to whether Plot Nos.373, 374 and 375
belong to the petitioners or are open space left in the layout
plan, being a factual controversy requiring material for proper
determination, cannot be determined in the exercise of writ
jurisdiction atleast at this stage.
8. The petitioner has already approached the District
Collector, Vijayanagaram, and in the ends of justice, it is
considered appropriate that the District Collector,
Vijayanagaram shall look into the petitioner's representation
dated 14.09.2022 and pass final order after affording
opportunity of hearing to the petitioner as also the authorities of
the respondent No.2, in accordance with law, within a period of
four (04) weeks from the date of receipt of copy of this order
along with copy of the petitioner's representation dated
14.09.2022. It is ordered accordingly.
9. The writ petition stands disposed of finally.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending,
shall also stand closed.
__________________________
RAVI NATH TILHARI,J
Date: 28.09.2022
Note:-
Issue C.C by 29.09.2022
B/o
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THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.31781 of 2022
Date: 28.09.2022
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