THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.14707 of 2008 Between:
Syed Hussain PETITIONER AND
1. The District Collector, Visakhapatnam District, Visakhapatnam, and others.
RESPONDENTS ORDER:
This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief – “…. To issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not issuing Gazette Notification and in not following the procedure contemplated under the National High Ways Act, 1956 and Land Acquisition Act as arbitrary, Illegal, unjust and capricious…”
2. When the matter is taken up today, it is represented by the learned counsel for the petitioner as well as the learned Standing Counsel for the National High Ways Authority that in an identical set of circumstances this Court in W.P.No.5043 of 2006 passed an order dated 14.03.2006 directing the respondents not to dispossess the petitioners therein and not to demolish their premises without following due process of law.
3. For the aforesaid reasons, this writ petition is also disposed of directing the respondents not to dispossess the petitioner and not to demolish his premises without following due process of law. No order as to costs. As a sequel, miscellaneous petitions, if any shall stand closed.
JUSTICE A.V. SESHA SAI.
22nd July, 2014 Js.