Tadepalli Tataji v. State of Andhra Pradesh
Case brief
What is this about?
The High Court dismissed this writ petition challenging illegal construction of a Grama Sachivalayam and statue on public road margins. Upon hearing that the structures were far from the actual road boundaries and within permissible limits, the court found no issue requiring adjudication and closed the petition.
What the court decided
THE HON’BLE SMT JUSTICE V. SUJATHA
Writ Petition No.418 of 2023
ORDER :
The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:
“....to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in not initiating any steps on petitioners Spandana Complaint dated 14.12. 2022 and representation dated 17.11.2022 submitted to prevent illegal construction of Grama Sachivalayam on public road margin covered by Survey Nos.289 and 290 situated at Saripalli Revenue Village, Koyyalagudem Mandal, Eluru District belongs to R and B Department and erection of Y.S.R Statue on road margin by encroaching road and its road margin thereby causing obstruction to his passage in contravention to the provisions of Section 53 of the Andhra Pradesh Panchayat Raj Act, 1994 and Andhra Pradesh Land Encroachment Act, 1905 and for protection of said road and its road margin from illegal encroachments by removing already constructed portion and erected statue thereon as illegal, irregular, irrational and amounts to nondischarge of legal obligation conferred on them under the said legal provisions and offends Articles 14, 21and 300-A of Constitution of India and consequently direct the respondents to demolish already constructed portion thereon and erected Y.S.R Statue on road margin and keep open road margin for petitioner passage purpose and pass.....”
- The brief facts of the case are that, there is a vacant land admeasuring an extent of Ac.0.20 cents in Survey Nos.289 and 290
2
Issues for consideration
2 issues framed by the court
Whether the construction of Grama Sachivalayam and erection of Y.S.R. Statue on public road margin warrants writ intervention for removal?
Whether de facto officers executing works within statutory framework without illegal encroachment constitute infraction of constitutional rights?
Parties & counsel
- petitioner
Spandana
- respondent
G.R.O.
Coram
V. Sujatha
Case details
As recorded by the court registry
- Court
- Andhra Pradesh HC
- Decided on
- · March
- Registered
- Case no.
- WP/418/2023
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