HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITIION No. 22584 OF 2008 DATED 10th November, 2014.
BETWEEN Kanaparthi Sujatha ….Petitioner And Municipal Corporation of Kareemangar, rep. by its Commissioner, Kareemangar …Respondent.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITIION No. 22584 OF 2008.
ORDER:
Heard learned Counsel for the petitioner. None appeared for the respondent.
The petitioner states that he purchased a plot admeasuring 285 square yards comprised in Sy.No.1016 of Karimangar Municipality, Karimangar Mandal and District by way of registered sale deed. Since the date of purchase, he has been in possession of the said land. After obtaining loan from the third parties for constructing a house in the said land, he levelled the said plot. At that stage, the respondent officials came to the said plot on 14.10.2008 for laying road. The petitioner submitted all the documentary evidence in support of his title. He also submitted an application on 30.09.2008 to the respondent for regularization of the layout in Sy.No.1016 of Karimangar and the same is pending consideration with the respondent.
This Court by order dated 17.10.2008 directed the respondent to maintain status quo.
Even after lapse of six years, no counter affidavit is filed by the respondent. Though learned Standing Counsel for the respondent sought time on 31.10.2014, no counter affidavit is filed.
Learned Counsel for the petitioner submitted that the petitioner obtained certain documents under the Right to Information Act on 15.12.2012, wherein it was stated that there is no proposal to lay the road in Sy.No.1016 and that no resolutions were passed by the council of Municipality for laying road near H.No.9-4-244 of Saptagiri colony in Sy.No.1016 of Karimangar.
In view of the above, the respondents are directed not to interfere with the land of the petitioner. However, it is made clear that if the respondents proposed to lay a road or to acquire the land of the petitioner for any public purpose, they should follow the due procedure under law.
Subject to the above observation, the Writ Petition is disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 10th November, 2014. Msnrx