IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FIFTH DAY OF APRIL, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WP .NO: 9248 of 2006 Between:
V. Chendrasekhar S/o V.Bhaskar Rao., Chartered Accountant, R/o D.No.6-20-8, East Point Colony, Visakhapatnam-17.
. Petitioner AND
1 The Visakhapatnam Municipal Corporation, rep. by its Commissioner, Visakhapatnam.
2 Smt. Sadaram Shakunthala W/o Late Narayana Rao, D/No. 55-1-51/2 Jagannadharaju layout, Venkojipalem, Visakhapatnam.
. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue any writ or direction preferably writ of mandamus declaring the impugned proceedings dt.10-11-2005 issued by 1st respondent allotting the road to the 2nd respondent by converting road into residential plots to an extent of 165.60 sq yards near D.No.6-20-8, East Point Colony, Visakhapatnam is illegal, arbitrary and contrary to record and violative of principles of natural justice and consequently set aside the same.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and the order of the High Court dated 28-4-2006 made in WPMP No.11734 of 2006 and upon hearing the arguments of Sri G. Tuhin Kumar, Advocate for the Petitioner and Sri S. Lakshmi Narayana Reddy, Standing Counsel for Respondent No.1, the Court made the following ORDER:
The present writ petition was filed challenging the allotment of land of an extent of 165.60 sq. yards to the 2nd respondent in lieu of his site of 138 sq. yards affected by road widening on the ground that the alleged land is a road and no construction should be permitted on the said land.
It is also the case of the petitioner that he submitted representations to the Corporation on 22-11-2005 and 23-03-2006.
This Court passed an interim order on 28-04-2006 and till today, no counter affidavit is filed by the 1st respondent.
In the circumstances, the 1st respondent is directed to file counter affidavit by the next day of hearing.
Post on 06-06-2014.
ASSISTANT REGISTRAR //TRUE COPY// To For ASSISTANT REGISTRAR
1 The Commissioner, Visakhapatnam Municipal Corporation, Visakhapatnam. (BY RPAD)
2 One CC to Sri G. Tuhin Kumar, Advocate (OPUC)
3 One spare copy. nnr HIGH COURT ARLR,J DATED: 25-4-2014 NOTE: Post on 6-6-2014 ORDER W.P.NO. 9248 OF 2006 DIRECTION HIGH COURT Nnr Date of Drafting : 7-5-2014 ARLR,J DATED: 25-4-2014 NOTE: Post on 6-6-2014 ORDER W.P.NO. 9248 OF 2006 DIRECTION