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Andhra High Court · body

2022 DIGILAW 117 (AP)

Mamidipalli Ram Babu v. State of Andhra Pradesh

2022-01-28

BATTU DEVANAND

body2022
JUDGMENT Battu Devanand, J. - The petitioners 1 to 3 are the owners and possessors of the Houses bearing Door Nos.1-121, D.No.1-28 ( residence Portion) and 1-29 ( shop) and D.No.1-31 respectively situated on the main road of Jalimudi Village, Seethanagaram Mandal, East Godavari District. The petitioners have now approached this Court by way of the present writ petition contending that respondents 2 and 3 are seeking to demolish part of their houses for the purpose of widening the road abutting the houses of the petitioners from Rajahmundry to Seethanagarm in East Godavari District, without following any procedure and without verifying the facts. 2. The learned Government Pleader for Roads and Buildings submits that the property of the petitioners falls within the road margin and respondents 2 and 3 are only clearing up the encroachments within the road margin for the purpose of widening the road. 3. In these circumstances, this writ petition is disposed of with the following directions: 1) Respondents 2 and 3 shall demarcate the road margin with the assistance of the Mandal Surveyor in the presence of the petitioners or their representatives; and 2) Upon such demarcation, if it is found that the structures of the petitioners are falling within the road margin, respondent Nos.2 and 3 shall take steps to clear the said encroachments strictly in accordance with law, after due notice to the petitioners; and 3) If it is found that the structures are outside the road margin, respondent Nos.2 and 3 shall not disturb the said structures until the said land on which the structures are existing, is cleared and adequate compensation is paid to the petitioners. 4. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this case shall stand closed.