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2016 DAILYLAW 773 (AP)

Chirumella Basaweswara Rao, v. State of Andhra Pradesh,

WP/18150/2016 · 2026-06-15

Harinath N

body2016

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HN, J W.P.No.18150_2016 APHC010122482016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18150/2016 Between: 1. CHIRUMELLA BASAWESWARA RAO,, S/O VENKATA KOTAIAH, AGED ABOUT 53 YEARS, R/O NIMMATHOTA, NARASARAOPET TOWN, GUNTUR*DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AS URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, AT HYDERABAD. 2. NARASARAOPET MUNICIPALITY, REP. BY ITS COMMISSIONER, NARASARAOPET, GUNTUR DISTRICT. ...RESPONDENT(S): 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 toto issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent authorities, more particularly, the 2nd respondent in trying to encroach into the property of the petitioner admeasuring 1345.91 square yards (Ac.0.27 3/4 cents) in T.S.No.9/ 1 in Narasaraopet Municipality, Guntur District for construction of a drainage, without acquiring the petitioner's property by initiating appropriate land acquisition proceedings as illegal, arbitrary, violative of Articles 14, 21 and 300-A of the Constitution of India and violation of the provisions of the Right to Fair Compensation and Transparency in Land HN, J W.P.No.18150_2016 Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently direct the 2nd respondent to desist from proceeding with the construction of the drainage through the petitioner's property, without following due process of law and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2016(WPMP 22292 OF 2016 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to interfere with the petitioner's property admeasuring 1345.91 square yards (Ac.0.27 3/4 cents) in T.S.No.9/ 1 in Narasaraopet Municipality, Guntur District, pending disposal of writ petition, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: 1. J UGRANARASIMHA Counsel for the Respondent(S): 1. GP-MUNCIPAL ADMN AND URBAN DEV(AP) HN, J W.P.No.18150_2016 ORDER: 1. There is no representation on behalf of the petitioner. 2. Ms.Sirisha Rani, learned Standing counsel, appears for the 2nd respondent. 3. This Court, on 27.04.2018, recorded the submission of the 2nd respondent that the Municipality had already constructed a cement concrete drainage in the presence of the petitioner. It was also recorded that there was no representation on behalf of the petitioner on that day. 4. Recording the same, the present writ petition is closed, leaving it open to the petitioner to take appropriate steps, if the situation so demands. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N Date:16.06.2026 NKA HN, J W.P.No.18150_2016 102 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18150 of 2016 Date: 16.06.2026 NKA