Partly allowed

Guggilam Bala Subrahmanyam Guptha, v. State of Ap

Andhra Pradesh HC11 Nov 2019WP/13460/2019

Case brief

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What is this about?

The High Court disposed of a writ petition seeking declaration of illegality regarding road laying on private land. The petitioner restricted their prayer to a direction for the Revenue and Roads authorities to conduct a survey of specific land in their presence to ascertain encroachment. The Court granted this restricted relief.

What did the court decide?

Directed respondents 5 & 6 to consider the petitioner's application dated 03.06.2019 and conduct a survey of the land in the presence of the petitioner and the fourth respondent by giving prior notice

Guggilam Bala Subrahmanyam Guptha, Vs State of Ap — Land Acquisition | Andhra Pradesh HC (2019)

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HON’BLE SRI JUSTICE U.DURGA PRASAD RAO

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Writ Petition No.13460 of 2019

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ORDER:

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Heard Sri K.S.Chandramowleeswara Rao, learned counsel for petitioner, and learned Government Pleader for Revenue representing the respondents 1, 2, 3, 5 & 6 and learned Government Pleader for Roads & Buildings representing fourth respondent and with their consent this Writ Petition is disposed of at the admission stage.

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2. Though the instant writ petition filed by the petitioner seeking a mandamus declaring the action of the respondents in laying road in the petitioner’s private land admeasuring Ac.0.54 cents in S.No.327-6 of Arumbaka Village, Cherukupalli Mandal, Guntur District, as illegal, however, learned counsel for petitioner would submit that the petitioner confines his prayer to the extent of the respondents 5 & 6 not conducting the survey pursuant to his online application dated 03.06.2019. His submission is that if survey is conducted by the revenue authorities in the presence of petitioner as well as fourth respondent, the truth will come out as to whether fourth respondent has made road widening by encroaching upon the petitioner’s property or not. He would submit that basing on the enquiry report he would take further course of action as permissible under law. Thus, the restricted prayer of petitioner in this writ petition is that a direction may be issued to the respondents 5 & 6 to conduct survey pursuant to the online application of petitioner dated 03.06.2019.

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3. Having regard to the above submission, this Writ Petition is disposed of directing the respondents 5 & 6 to consider the online application of petitioner dated 03.06.2019 and conduct survey in respect of the petitioner’s land admeasuring Ac.0.54 cents, out of Ac.1.00 cents, in S.No.327-6 of Arumbaka Village, Cherukupalli Mandal, Guntur District, in the presence of petitioner as well as fourth respondent by giving prior notice to them. No costs.

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As a sequel, interlocutory applications pending, if any, shall stand closed.

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_________________________ U.DURGA PRASAD RAO, J

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11.11.2019

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Note : Issue C.C. by 13.11.2019 (B/o) MVA

Guggilam Bala Subrahmanyam Guptha, v. State of Ap

Case brief

What is this about?

What did the court decide?

Guggilam Bala Subrahmanyam Guptha, v. State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

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