M.Narendra Reddy, v. The State of Andhra Pradesh.
Case brief
What is this about?
The Single Judge dismissed a writ petition challenging the laying of a road on temple land. The respondent contended construction was completed, leading the court to close the petition with no order as to costs.
What the court decided
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION No.3062 of 2018
ORDER:
This Writ Petition under Article 226 of the
Constitution of India is filed for the following relief:-
“..to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents especially 4th respondent in laying a CC road in the temple land Pedclamma temple the 3rd petitioner to an extent of 1740 sq yards approximately of Kesapuram Village Kothacheruvu Mancini Anantapur District without issuing any notice under any Act or acquiring the land under The Right of Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013Act no 30 of 2013 is illegal arbitrary violation of Principles of Natural Justice contrary to the provisions of the Andhra Pradesh Panchayat Raj Act 1994 and the Rules made there under and Art 300A of the Constitution of India and consequently desist the respondents from acting highhandedly illegally and in laying CC road in respect of the land stated supra and pass such… ”.
Heard the learned counsel for the petitioner and the learned Government Pleader.
No interim orders were passed by this Court.
After notice, respondent Nos.3 and 4 have filed their counter.
Issues for consideration
2 issues framed by the court
Whether the action of the respondents in laying a CC road on temple land without issuing notice or acquiring land under relevant statutes is illegal and arbitrary.
Whether the writ petition requires adjudication given that the construction of roads was completed prior to the hearing.
Parties & counsel
- petitioner
3rd petitioner
- respondent
4th respondent
Coram
D.RAMESH
Case details
As recorded by the court registry
- Court
- Andhra Pradesh HC
- Decided on
- · May
- Registered
- Case no.
- WP/3062/2018
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