Writ petition challenging proposal to lay road without notice via patta land. Court closed petition after finding existing 15-16 foot gravel road existed for over 50 years, rendering no further orders necessary.
The writ petition is closed and consequently closed miscellaneous petitions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO
WRIT PETITION No.24338 OF 2017
ORDER :
The present writ petition is filed challenging the action of the respondents 3 and 4 in proposing to lay a road through the petitioner's patta land in Survey Nos.199, 200 and 204 situated at Vangapalli Village, Kamalapur Mandal, Karimnagar District, without issuing any notice.
A counter affidavit is filed stating as follows.
It is submitted that it is false and denied that the respondent Nos.3 and 4 along with their subordinates came to the petitioner's land on 10.07.2017 and started making some markings in the above said lands and on the request, the said Authorities have informed that they are likely to lay the road through his land. As a matter of fact, there is an existing about 15 to 16 feet gravel road from Pangidipally Village which connects the R&B Road leads to Jammikunta for more than 50 years, which was laid by the surrounding farmers of Pangidipally Village to attend their fields, which are situated upto R&B road. Either this answering respondent or respondent No.4 are not laying any road from the fields of the petitioner. The said road has been in existence even from prior to the purchase of the said agricultural lands by the petitioner.
In view of the same, except recording the statements made in the
counter affidavit, no further orders are necessary in the present writ petition.
The writ petition is accordingly closed. Consequently, miscellaneous petitions, if any pending, in this writ petition, shall stand closed.
__________________________ A.RAMALINGESWARA RAO , J
12.09.2017 pln
3 issues framed by the court
Whether a notice was required before laying a road through the petitioner's patta land.
Whether the road is a new government proposal or an existing farmer-negotiated gravel path.
Whether a specific order is required after recording the counter affidavit.
Petitioner
Respondents 3 and 4
A. RAMALINGESWARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
