HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.21625 of 2007
Date: September 04, 2014
Between:
1. Eedala Venkata Rama Rao & 2 others.
… Petitioners And
1. State of Andhra Pradesh, rep. by its Principal Secretary to Roads & Buildings Department, Hyderabad & 3 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.21625 of 2007
O R D E R:
Heard learned counsel for the petitioners, learned Government Pleader for respondents 1 to 3 and learned standing counsel for the 4th respondent.
2. The petitioners state that they are the absolute owners, possessors and enjoyers of house and site properties in Katheru Village, Rajahmundry, East Godavari District. The said properties are ancestral properties and they have been paying tax to the Gram Panchayat. They further state that a road leading from Rajahmundry to Seethanagaram Village lies on the western side adjoining the houses of the petitioners. Though it was originally of 12 feet width, it was widened to 22 feet enclosing the road margin. The entire road portion of site was utilized for the purpose of road widening. There is a drain between the said road and the houses of the petitioners up to 6 feet width and for the said purpose they wanted to execute the work on the land belonging to the petitioners. When the respondent authorities did not issue any notice to the petitioners proposing to acquire the land, the present writ petition was filed.
3. The learned Government Pleader, on instructions, submits that the process for construction of drain work was closed without demolishing the petitioners’ property which was situated in Rajahmundry-Sithanagaram Road. The Door Nos.2-176, 2-179 and 2-169 are lying on right side of Rajahmundry-Chinakondepudi Road from KM 3.800 to 3.10. The special repair work from KM 2.0 to 4.4 i.e., construction of CC drain in Katheru Village was completed and final bill was paid to the concerned contractor. The houses of the petitioners were not demolished and at present the petitioners’ property is not required.
4. In view of the statement made by the learned Government Pleader based on the written instructions issued by the Executive Engineer (R & B) Rajahmundry, nothing survives for adjudication in the present writ petition.
5. The writ petition is accordingly dismissed as infructuous. Pending miscellaneous petitions, if any, shall stand closed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: September 04, 2014 BSB
7 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.21625 of 2007
Date: September 04, 2014
BSB