Gundu Srinivas, vs The State Of Andhra Pradesh,
2023 Latest Caselaw 2742 AP

Citation : 2023 Latest Caselaw 2742 AP
Judgement Date : 2 May, 2023

Andhra Pradesh High Court - Amravati

Gundu Srinivas, vs The State Of Andhra Pradesh, on 2 May, 2023

Bench: Ravi Nath Tilhari

     THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

               WRIT PETITION NO. 10867 OF 2023

JUDGMENT:-

1)      Heard Sri. Md. Liaquath Ali @ M.L. Ali, learned

Counsel for the Petitioners, Sri. P. Anand Surya, Advocate,

representing Sri. Kalava Suresh Kumar Reddy, learned

Standing Counsel for the Respondent No. 2 and learned

Government Pleader for Municipal Administration and

Urban Development accepts notice for the Respondent

No.1.

2) With the consent of the parties Counsels, the Writ

Petition is being disposed of finally at this stage.

3) The Petitioners have filed this Writ Petition, under

Article 226 of the Constitution of India, for the following

relief:-

"......pleased to an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in unauthorizedly interfering with the petitioners house properties bearing Door No. 19-13-13/1/19, Door No.19- 13-13/1/21 and Door No. 19-13-13/1/22 Assessment Nos. 1012018988 and 1012018987, Revenue Ward No.19, Narayanapuram, Tirupati Town Urban, Tirupati,

Chittor Distric,t without following the due process of law and without issuing prior notice assigning the reasons for interference, as illegal arbitrary and consequently direct the 2nd respondent to strictly follow the procedure contemplated under the Municipal Corporation Act, for road widening process if any in the interest of justice and to pass.................."

4) On 27.04.2023, the following Order was passed:

"Heard Sri M. L. Ali, learned counsel for the petitioners and learned Government Pleader for Municipal Administration for the respondent No.1 and Sri T.Kumara Ratnam, learned counsel, representing Sri Suresh Kumar Reddy Kalava, learned Standing Counsel for the respondent No.2.

2. Learned counsel for the petitioner submits that the petitioners are the owners of houses bearing Door Nos.19-13-1-19 and 19-13-13/1-21, Assessment No.1012018988 and 1012018987, Revenue Ward No.19, Narayanapuram, Tirupati Town Urban, Tirupati. Those houses are situated south side abutting the Narayanapuram Road facing towards North side and starts from Tiruchanuru Main Road leading to Narayanapuram dead end road and it appears that the 2nd respondent, the Tirupati Municipal Corporation, has proposed to widen it to 66 feet road, for which the road margins are being levelled. He submits that for widening of the road, the prescribed procedure is to be followed and if it effects the petitioner's property the same can be done only in accordance with law making acquisition and payment of compensation, but no notice has been given to the petitioner as on date.

3. Sri T. Kumara Ratnam, requests that the matter to be posted on 02.05.2023 in the 'motion list'.

4. List on 02.05.2023 in the 'motion list', to enable to obtain instructions on the point specifically, if in any such work for widening of the road, the petitioner's property is being effected and if so what procedure has been followed."

5) Sri. P. Anand Surya, on the basis of written

instructions submits that, the Town Surveyor, Municipal

Corporation, Tirupati, has demarcated the road for laying

water pipelines on the existing 40 feet master plan road. The

Respondent authorities have neither widened the existing

road nor laid water pipelines so-far. They have also not

touched the building of the Petitioners' bearing D. No. 19-13-

13/1/19, Door No.19-13-13/3/21 and 19-13-13/1/22.

6) In the submission of the Respondents, the existing 40

feet master plan road has not been widened, but the same

has been demarcated only for laying water pipelines on the

existing road.