Disposed

P Anuradha v. the State of Ap

Andhra Pradesh HC17 Oct 2023WP/23719/2023

Case brief

AI extract

What is this about?

The Court disposed of the writ petition by recording submissions showing authorities had initiated removal processes for cited encroachments. The Court directed respondents to consider the petitioner's 08.05.2023 representation and remove any encroachments on National Highway within three months by issuing appropriate notices to encroachers.

What did the court decide?

Directed respondents to consider petitioner's representation dated 08.05.2023 and remove road side encroachments by issuing notices to encroachers within three months.

P Anuradha Vs the State of Ap — Landlord and Tenant | Andhra Pradesh HC (2023)

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THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

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WRIT PETITION No.23719 of 2023

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ORDER:

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This Writ Petition is filed by the petitioner, under Article 226

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of the Constitution of India, seeking the following relief:

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“….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the official respondents, in not taking any action on the spandana application dated 08.5.2023 and in contravention of the judgment of this Hon’ble Court in WP (PIL) 140/2022 and WP (PIL) 108/2022 for removing road encroachments by the unauthorized persons on the Government land (NH-165) situated in front of Survey Numbers 186/4 and 187/2 of Dumpagadapa, Akiveedu Mandal, West Godavari District thereby infringing the freedom of movement and freedom of occupation, trade and business of the petitioners is illegal, arbitrary and consequently direct the official respondents to remove the encroachments of the unauthorized persons on the road situated in front of Survey Numbers 186/4 and 187/2 Government Road (NH-165) of Dumpagadapa, Akiveedu Mandal, West Godavari District after following due process of law in 4 weeks and pass such other order or orders…”

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The short grievance of the petitioner in the present writ petition is that, in spite of making representation dated 08.5.2023 in spandana, the authorities have not acted upon and removed the road encroachments on the Government land situated in front of Survey Numbers 186/4 and 187/2 of Dumpagadapa, Akiveedu Mandal, West Godavari District.

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Heard Sri Thandava Yogesh, learned counsel for the petitioner, Smt. Swarna latha Reddy, learned Assistant Government Pleader for Roads and Buildings appearing for

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respondent Nos.1 and 6, Sri Kumar, learned Assistant Government Pleader for Revenue appearing for respondent nos.2 and 3, Sri N.Srihari, learned standing counsel appearing for respondent No.4 and Sri S.S.Varma, learned standing counsel appearing for respondent no.5.

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Sri N.Srihari, learned standing counsel, submitted that earlier this Court on the very same set of facts passed orders in W.P.No.17066 of 2023 and pursuant to the same, the authorities concerned have already set law into motion and thereby issued notices to the identified encroachers pursuant to the survey conducted by the Mandal Surveyor’s office. In spite of the same, having knowledge about the steps that are being taken by the respondent authorities, the petitioner filed the present writ petition for the same relief.

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Learned Assistant Government Pleader for Roads and Buildings draw the attention of the paragraph no.6 of the counter and prayed to dispose of the writ petition and submitted that there is no purpose in keeping the same pending. 6. In reply to the same, learned counsel for the petitioner submitted that, this Court passed orders in the said writ petition referred to by the learned Assistant Government Pleader is with regard to other survey number and the present case pertains to

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different survey number. Nowhere in the counter they have stated about the subject survey number.

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To the said submissions, learned Assistant Government Pleader submitted that as against the complaint received with regard to encroachments, the surveyor has conducted a detailed survey which includes special surveyor report and the authorities are taking steps in accordance with law and prayed to dispose of the Writ Petition.

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Learned counsel for the petitioner submitted that Writ Petition may be disposed of by recording the said statement of the learned Assistant Government Pleader.

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Perused the record.

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The grievance of the petitioner is that in spite of giving complaint in spandana, the authorities have not removed the encroachments on the National Highway abutting in Sy.No.186/4 and 187/2 of Dumpagadapa Village, Akiveedu Mandal.

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In paragraph no.6 of the counter, the authorities have categorically stated that a survey has been conducted, identified encroachers and issued notices for removing encroachments and in that paragraph, they have referred only to Sy.No.183/2. As rightly contended by the learned counsel for the petitioner that the survey number in relation to which the petitioner has complained

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was not specifically mentioned in the counter. However the contention of the learned Assistant Government Pleader is that the authorities are also taking steps with regard to Sy.No.186/4 and 187/2. In these circumstances, there is no purpose in keeping the writ petition pending by inviting a counter. By recording the said counter and the submissions of the learned Assistant Government Pleader, this Court is inclined to dispose of the writ petition at the admission stage.

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Accordingly, the writ petition is disposed of directing the respondents to consider the petitioner’s representation dated 08.5.2023 and take steps in accordance with law by removing the road side encroachments, if any, by issuing appropriate notices to all the encroachers. The said process shall be completed within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs.

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As a sequel, miscellaneous petitions pending, if any, shall stand closed.

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__________________________________ JUSTICE RAVI CHEEMALAPATI

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17.10.2023 RD

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THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

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WRIT PETITION No.23719 of 2023

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Dated: 17.10.2023

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P Anuradha v. the State of Ap

Case brief

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P Anuradha v. the State of Ap

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