In a writ petition filed for mandamus to stop road construction on private property, the court noted the respondent corporation's counter-affidavit stating the land was zero-yat land and no road formation was proposed. Consequently, the court closed the petition without appreciating the merits.
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HON'BLE SRI JUSTICE R.KANTHA RAO
W.P.No.4675 OF 2010
DATE: 16.12.2011
BETWEEN: Smt Deenam Konda Pavani and another And Greater Visakhapatnam Municipal Corporation And others
.. Petitioners
.. Respondents
HON'BLE SRI JUSTICE R.KANTHA RAO
W.P.No.4675 OF 2010
OREDER:
Heard Smt. Anjanadevi, learned counsel appearing for the petitioners.
The writ petition is filed seeking issuance of writ of mandamus declaring the attempt of the respondents 1 and 2 to lay the municipal roads/approach roads through the petitioners’ private property in an extent of 2256 sq. yards in Survey No.76/7 situated at Sramik Nagar, Chinagantiyada, Visakhapatnam.
The first respondent/Greater Visakhapatnam Municipal Corporation filed counter specifically stating that on receiving the affidavit copy of the writ petition, the official of the first respondent inspected the site in Survey No.76/7 of Chinagantyada Village and noticed that the site under reference is classified as zeroyat land as per revenue records. It is further mentioned in the counter that the first respondent has not proposed to form any road through the site of the petitioners in Survey No.76/7 of Chinagantyada Village and also further stated that the question of initiating land acquisition proceedings etc. does not arise. In view of the above said averment made in para 3 of the counter affidavit filed on behalf of the first respondent, this writ petition can be closed.
Accordingly, the writ petition is disposed of. There shall be no
order as to costs.
__________________ R.KANTHA RAO,J
Dated: 16.12.2011 kvrm
HON'BLE SRI JUSTICE R.KANTHA RAO
W.P.No.4675 OF 2010
DATE: 16.12.2011
Smt Deenam Konda Pavani
another
Greater Visakhapatnam Municipal Corporation
R. Kantha Rao
As recorded by the court registry
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