Dismissed

Kalla Narayana, v. The State of Andhra Pradesh

Andhra Pradesh HC11 Sept 2024WP/20131/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition regarding the threat to dispossess petitioners and demolish their structures for road widening without prior notice or land acquisition. The Court directed respondents not to interfere or demolish without following due process and natural justice.

What did the court decide?

Respondents directed not to interfere with petitioner property or demolish structures without adhering to natural justice and due process of law; petitioners to cooperate with enquiry.

Kalla Narayana, Vs The State of Andhra Pradesh — Land Acquisition | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY, THE TWELFTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR ot
0?
PRESENT
O *

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 20131 OF 2024

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Between:

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Kalla Narayana, S/o late Kalla Gaddappa, Aged about 64 years. Res/at Gondayyapalem, Modavalasa Post, Denkada Mandal, Vizianagaram District, A.P.

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Kalla Rama Surappadu, S/o Kalla Narayana, Aged about⁴⁰ years. Res/at D.No. 3-111, Gondayyapalem, Modavalasa Post, Denkada Mandal, Vizianagaram District, A.P.

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Kalla Suri Babu, S/o Kalla Narayana, Aged about³⁴ years. Res/at Gondayyapalem, Modavalasa Post, Denkada Mandal, Vizianagaram District, A.P.

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...PETITIONER(S)

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Roads and Buildings Department, Secretariat, Velagapudi at Amaravathi, Guntur District, A.P.

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The Executive Engineer, Roads and Buiidings Division, Vizianagaram District.

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The Deputy Executive Engineer, Roads and Buildings Sub- Division, Vizianagaram District.

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The District Collector, Vizianagaram District.

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The Tahsildar, Denkada Mandal, Vizianagaram District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus, or other appropriate writ, order or direction, declaring the action of the respondents more particularly the respondents 2 to 5 herein in threatening to dispossess the petitioners and demolish the structures raised in the land of petitioners i.e. the constructed rooms therein along with compound wall with total extent of Ac. 1-42 cents in Survey Numbers 210/2 and 210/3 Modavalasa Revenue Village, Denkada Mandal, Vizianagaram District constituting single plot without issuance of any prior notice and without acquiring the same by way of land acquisition as illegal, arbitrary, unreasonable, without jurisdiction and violative of Articles 14, 21 and 300-A of the Constitution of India and the rules made there under.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents 2 to 5 herein forthwith not to interfere with the land of petitioners including demolition of the constructed rooms therein along with compound wall within total extent of Ac. 1-42 cents in Survey Numbers 210/2 and 210/3 of Modavalasa Revenue Village Denkada Mandal, Vizianagaram District constituting single plot pending disposal of the writ petition.

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Counsel for the Petitioner(s):SRI P. DURGA PRASAD

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Counsel for the Respondents No.1 to 3: GP FOR ROADS BUILDINGS Counsel for the Respondents No.4,5 : GP FOR REVENUE

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The Court made the following: ORDER

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APHC010396492024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3329]

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(Special Original Jurisdiction)

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THURSDAY ,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 20131/2024

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Between:

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Kalla Narayana, and Others

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...PETITIONER(S)

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner(S):

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1.P DURGA PRASAD

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Counsel for the Respondent(S):

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1.GP FOR ROADS BUILDINGS

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2.GP FOR REVENUE

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The Court made the following:

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 20131/2024

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ORDER:

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This writ petition is filed under Article 226 of the^Constitution

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of the India seeking the following reliefs:-

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“to issue a writ, order or direction more particularly^one in the nature of Writ of Mandamus declaring the action^of the respondents more particularly respondent Nos. 2^to5in threatening to dispossess the petitioners and demolish^the structures raised in the land of petitioners i.e., the constructed rooms therein along with compound wall^with total extent of Ac. 1.42 cents in survey Nos. 210/2^and210/3, Modavalasa Revenue Village, "-Denkada Mandal, Vizianagaram District, constituting single plot without issuance of any prior notice and without acquiring^thesame by way of land acquisition as illegal, arbitrary, unreasonable, without jurisdiction and violative of Articles 14,^21and300-A of the Constitution of India and the rules made thereunder and pass such other order.

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Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents.

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Learned counsel for the petitioners submits that the petitioners are the absolute owners and possessors of the land admeasuring to an extent of Ac. 1.42 cents in survey^Nos.210/2and 210/3 situated at Modavalasa Revenue Village, Denkada^Mandal, Vizianagaram District. The same was evident from the revenue records i.e., pattadar passbook and title deed bearing^No.375815 vide Patta No.1 issued by the respondents. He further^submitsthat to the utter surprise of the petitioners, the respondents i.e., respondent Nos.2, 3 and 5 are taking steps to dispossess the

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petitioner from the subject property on the ground of widening of the road, without following due process of law. Hence, the present writ petition.

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On the other hand, learned Government Pleader for the respondents submits that the petitioners are claiming title over the subject property i.e., Ac. 1.42 cents in survey Nos.210/2 and 210/3 situated at Modavalasa Revenue Village, Denkada Mandal, Vizianagaram District and they also filed revenue records, wherein it was shown that the petitioners are the pattadars and possessors of the subject land. Therefore, the respondents will follow the due process of law in the event of dispossession or widening^oftheroad. 5. Having regard to the submissions made by the learned counsel for the petitioners and the learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view the present Writ Petition can be disposed of directing respondent Nos.2 to 5 not to interfere or demolish or dispossess the petitioner without adhering to the principles of natural justice and the due process of law as contemplated in respect of subject property of the petitioners. It is further directed that the petitioners shall co-operate with the enquiry. if the respondents issues any notices.

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With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

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As a sequel miscellaneous application, pending, if any, shall

also stand closed.

Sd/- U.SRI DEVI

//TRUE COPY//

ASSISTANT! REGISTRAR

SECT^f^^FFICER

The State of Andhra Pradesh, Rep. by its Principal^{Secretary,Roads} and Buildings Department, Secretariat, Velagapudi at^Amaravathi, Guntur District, A.P.

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^^<^The Executive Engineer, Roads and Buildings Division,^Vizianagaram District.

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The Deputy Executive Engineer, Roads and Buildings^{Sub-Division,} Vizianagaram District.

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The District Collector, Vizianagaram District.

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The Tahsildar, Denkada Mandal, Vizianagaram District.

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One CC to SRI. P. DURGA PRASAD, Advocate [OPUO

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Two CCS to GP FOR ROADS BUILDINGS ,High Court of^Andhra

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Pradesh. [OUT]

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Two CCS to GP FOR REVENUE ,High Court of Andhra^{Pradesh.[OUT]}

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Three C.D.Copies

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HIGH COURT DATED: 12/09/2024

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ORDER

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WP.No.20131 of 2024

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m
to,
g n SEP 20?'. ..
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Current Section

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DISPOSING OF THE WP

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WITHOUT COSTS

Kalla Narayana, v. The State of Andhra Pradesh

Case brief

What is this about?

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Kalla Narayana, v. The State of Andhra Pradesh

Case brief

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