Angirga Pedda Veerendar Another, vs The Mun. Corp. Of Nizamabad 2 Ors,
2022 Latest Caselaw 4969 Tel

       HONOURABLE SRI JUSTICE J.SREENIVAS RAO

                      W.P.No.4605 of 2008

ORDER:

Heard the learned counsel for the petitioners as well

as the learned counsel for respondent No.1/Municipal

Corporation.

2. The petitioners filed this writ petition under Article 226

of the Constitution of India seeking a writ of Mandamus to

declare the action of 1st respondent in laying 60' wide road

in the land of the petitioners in Sy.Nos.399, 400, 401, 402,

403, 404, 405, 407/A admeasuring Ac.0-10 gts, Ac.0-08

gts, Ac.0-06 gts, Ac.0-05 gts, Ac.Nil, Ac.0-22 gts

respectively, totally admeauring Ac.1-11 guntas situated in

Kanteshwar Shivar, Nizamabad Town, without acquiring

the land as per law and without paying compensation to

the petitioners as arbitrary and illegal and violative of

Article 300 of constitution of India and consequently direct

the 1st respondent to pay the compensation to the

petitioners as per the present market value.

3. 1st respondent filed counter affidavit stating that the

respondents are developing the existing road in the

approved lay out vide L.P.No.38/1979 and the respondents

have not acquired any part of the land of the petitioners

and they are not entitled for any compensation. The 1st

respondent further brought to the notice of this Court that

prior to filing of this writ petition, the very same petitioner

Nos.1 and 2 herein along with 2 others have filed

O.S.No.29 of 2022 on the file of Principal Junior civil

Judge, Nizamabad, seeking perpetual injunction

restraining the defendants from interfering with their

possession and enjoyment of the suit schedule property

i.e., Agricultural land comprised in Sy.No.399 to an extent

Ac.0.10 gts, Sy.No.400 extent 0.08 gts, Sy.No.401 to an

extent Ac.0.06 gts, Sy.No.402 to an extent Ac.0.05 gts,

Sy.No.404 to an extent Ac.0.022 gts, admeasuring total

extent Ac.1.11 guntas, situated at Kanteshwar Shivar,

Nizamabad. In the said suit, the 1st respondent was

arrayed as defendant No.2. Principal Junior Civil Judge,

Nizamabad, after taking into consideration, oral and

documentary evidence, pleased to dismiss the suit vide

judgment and decree dated 01.12.2008 and the same has

become final.

4. In view of the same, petitioners are not having any

right to claim possession in respect of the subject matter of

the property.

5. The learned counsel for the petitioners also stated that

the judgment and decree passed by the Principal Junior

Civil Judge, Nizamabad, has become final.

6. In view of the same, petitioners are not entitled to claim

compensation in respect of the subject matter of the

property and the writ petition is devoid of merits.

7. Accordingly, the writ petition is dismissed. There shall

be no order as to costs.

Miscellaneous petitions, if any, pending in this writ

petition, shall stand closed.

_________________________________ JUSTICE J.SREENIVAS RAO

Dated: 28.09.2022 Vsl

HONOURABLE SRI JUSTICE J.SREENIVAS RAO

W.P.No.4605 of 2008

Dated: 28.09.2022

Vsl