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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TARLADA RAJASEKHAR RAO
Maruvada Rama Krishna, S/O. Late Maruvada Bhavani – Appellant
Versus
State Of AP – Respondent
| Table of Content |
|---|
| 1. filing for writ petition under article 226 (Para 1 , 2) |
| 2. encroachment of petitioners' land (Para 3 , 4 , 5 , 6) |
| 3. government response to encroachment (Para 7 , 8) |
| 4. arguments presented by parties (Para 9 , 10) |
| 5. constitutional right to property (Para 11 , 12 , 13 , 14 , 15) |
| 6. consideration of severance in land use (Para 17) |
| 7. admission of encroachment and lack of compensation (Para 18) |
| 8. decision to allow writ petition and order for compensation (Para 19) |
Tarlada Rajasekhar Rao, J.
The Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:
“to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, to declare the inaction of the respondents Nos. 3 to 10 as it is illegal, arbitrary, unconstitutional, violation of principles of natural justice and violative of Articles 14,19(1)(g), 21 and 300-A of the Constitution of India in not implementing the order dated 06.12.2021 and consequently prayed to direct the respondents to pay compensation as per prevailing market value and damages including the cost of litigation to the 1st Petitioner in respect of petitioners land being i
The court affirmed that property rights must be protected by law, emphasizing due process in cases of land encroachment and the necessity for just compensation under constitutional provisions.
No writ relief for encroachment removal without proof of public land vesting; civil court for easement rights.
Authorities must survey and remove public land encroachments via due process within stipulated time.
Mandamus directs authorities to survey and remove encroachments on public pathway land following due process.
Court can direct authorities to consider pending representations without adjudicating merits, ensuring compliance with principles of natural justice.
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