Disposed

Musireddi Subbayamma v. the State of Andhra Pradesh

Andhra Pradesh HC2 Mar 2023WP/5186/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging demolition for road widening. The Court directed authorities to conduct a survey to demarcate road margins in the presence of petitioners, issue notices, and refrain from interfering with possession until the survey is completed within eight weeks.

What did the court decide?

Survey to be conducted and completed in eight weeks; no interference with possession till then; legal action allowed only if encroachment is found post-survey.

Musireddi Subbayamma Vs the State of Andhra Pradesh — Landlord and Tenant | Andhra Pradesh HC (2023)

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HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.5186 of 2023

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ORDER :

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The present Writ Petition came to be filed under Article 226 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 action of the respondents in trying to demolish the petitioners part of the property/shop rooms bearing 1)D.No.6106 in an extent of 69 sq.yards in R.S.No.375, 2) D.No.6-106 in an extent of 69 sq.yards in R.S.No.375 in shop rooms i.e.,Vijaya Lakshmi Fertilizers, Barber Shop and Xerox Sop, Near Pachayat office, Bayyanagudem Village, Koyyalagudem Mandal for widening of the road in Bayyanagudem village leading to Devarapalli to Jilugumilli without following the due process of law, without serving notice, without giving opportunity, without passing any order determining and marking any encroachment as illegal, irregular, arbitrary, offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioners property/shop Rooms bearing 1)D.No.6-106 in an extent of 69 sq.yards in R.S.No.375, 2) D.No.6-106 in an extent of 69 sq.yards in R.S.No.375 in Near Pachayat, Bayyanagudem Village, Koyyalagudem Mandal without following due process of law and pass such other order or orders….”

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At the time of hearing, learned Government Pleader for

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Roads & Buildings has produced a copy of instructions vide Lr.No.NH-516D/WP.No.5186 of 2023/AEE NH BVRM/HC/2023,

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dated 01.03.2023, wherein it is stated that, the road boundaries were earlier marked by the Mandal Surveyor and no demolition in the petitioners properties was carried out. However, it is learnt that there are few objections from the petitioners with a request to conduct resurvey of their lands.

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In view of the same, this Court feels it appropriate to dispose of the writ petition with the following directions:-

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i. The 3^rd respondent, with the assistance of the Revenue department, shall conduct a survey to demarcate the road margins in the petitioners’ property i.e. 1)D.No.6-106 in an extent of 69 Sq.yardsin R.S.No.375, 2) D.No.6-106 in an extent of 69 Sq.yards in R.S.No.375. This survey shall be conducted in the presence of the petitioners or their representatives.

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ii. For the purpose of enabling these persons to be present at the time of the survey, notices shall be given to the petitioners.

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iii. After the survey is conducted, if it is found, that the petitioners have encroached the road margin, it would be open to the respondent authorities to take appropriate action in

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accordance with law. This survey shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

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iv. Till such survey is completed, the respondents shall not interfere with the petitioners’ possession over the subject land, without following due process of law.

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Accordingly, with the above directions, this writ petition is disposed of. There shall be no order as to costs.

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Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

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_______________________ JUSTICE V.SUJATHA

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Date : 02.03.2023 KGR

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223

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.5186 of 2023

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Date : 02.03.2023

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KGR

Musireddi Subbayamma v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Musireddi Subbayamma v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

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