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2023 DIGILAW 430 (AP)

Shaik Mahaboob v. State of A. P.

2023-02-21

CHEEKATI MANAVENDRANATH ROY

body2023
JUDGMENT 1. This Writ Petition for a mandamus is filed to declare the action of respondents in not completing the laying of 80 feet width road in Sy.No.690 as per the sanctioned plan, dtd. 30/1/1990 from Nunepalli "Atmakur to Kurnool" Nandyal Bus Stand Road, as illegal and consequently sought direction to respondents to complete laying of the said road as per sanctioned plan, dtd. 30/1/1990. 2. The petitioner claims to be the resident of Nandyal Town in Kurnool District. It is his case that he is a retired employee and now he has been doing business in automobiles and his shop room is situate near to Kurnool "Nandyal road. It is stated that the respondents after considering the representation of the inmates of the locality has acquired the land under the Land Acquisition Act for the purpose of widening the road to 80 feet as per the sanctioned plan and accordingly they started laying the said 80 feet road. However, they did not complete laying of 80 feet road and the road in Sy.No.690 is left incomplete and in spite of several representations made in this regard that they are not taking any steps to complete the laying of the said road. Therefore, the petitioner sought the aforesaid reliefs in this Writ Petition. 3. Respondent No.4 filed counter stating that the formation of 80 feet wide road as per sanctioned master plan, dtd. 30/1/1990, from Nunepalli "Atmakur to Kurnool" Nandyal Bus Stand Road has been completed. However, splay point in Sy.No.690 at joining point to Kurnool Nandyal Bus Stand road could not be completed, as the site at splay point is a religious property i.e., Church and as there is also a culvert constructed on ground as per sanctioned RDP plan. Therefore, it is stated that except at the said splay point at Sy.No.690, the remaining work of laying the road has been completed. Therefore, it is prayed to dismiss the Writ Petition. 4. Thus, as can be seen from the counter filed by the 4th respondent, the work of laying road and widening it to 80 feet from Nunepalli "Atmakur to Kurnool" Nandyal Bus Stand Road has been completed except at the splay point in view of the fact that there are some religious properties like Church etc., are situate at that point. Thus, as can be seen from the counter filed by the 4th respondent, the work of laying road and widening it to 80 feet from Nunepalli "Atmakur to Kurnool" Nandyal Bus Stand Road has been completed except at the splay point in view of the fact that there are some religious properties like Church etc., are situate at that point. Therefore, it cannot be said that the laying of 80 feet road as per the master plan has not been completed as alleged by the petitioner. The respondents have also offered proper explanation for not completing the work of laying road at splay point stating that there are some religious properties like Church etc., at the splay point. 5. Therefore, in the said facts and circumstances of the case, no writ of mandamus can be passed directing the petitioner to lay the road at the splay point also as there are some religious properties like Church etc., at that point. It would not affect the right of the petitioner in any manner to pass through the said road or to continue his business in his property because of not laying the road only at that splay point. 6. Therefore, there is no merit in the Writ Petition and it is dismissed. No costs. 7. Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.