V. Ravi Sankar Reddy vs. The State Of Andhra Pradesh
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THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.5387 OF 2022 ORDER:
The Writ Petition is filed seeking a direction to the respondents not to take any coercive steps for demolishing the petitioner's building towards northern and not to dispossess the petitioner from the empty land to an extent of 5 feet 10 inches belonging to the petitioner in front of his building gate on northern side without following due process of law as illegal, arbitrary and against the provisions of Andhra Pradesh Municipalities Act 1965, apart from violation of Articles 14, 19, 21 and 300-A of the Constitution of India. 2. The facts of the case in brief are that the petitioner is absolute owner of the property situated in H. No.3/1399, Holmespeta, Proddatur Town, Kadapa District, Andhra Pradesh, having purchased under registered sale deed, dated 07.04.2012 vide document bearing No.2615/2012 for a valid consideration from one Padmavathamma, W/o Palla Venkata Subbaiah. The petitioner constructed residential building bearing H.No.3/1399 in Holmespeta, in the year 2014 after taking permission from the Municipality . While so, the respondents have proposed to extend the road on the north side of the petitioner's building and trying to dispossess the petitioner without adhering to the procedure contemplated under the rules. Hence, the action of the respondents is now questioned and requested to pass appropriate orders, as claimed in the writ petition.
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During hearing, Sri V.Nitesh, learned counsel for the petitioner reiterated the contentions urged in the writ petition. Whereas, Sri N. Ranga Reddy, learned Standing Counsel Municipalities submitted that earlier similar matter was disposed of by this Court directing to follow due process of law before taking any action against the subject property therein.
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In view of the facts and circumstances of the case and on hearing both the parties, the respondents are directed to follow due process of law before taking any action against the subject property of the petitioner. The respondents are further directed not to take any coercive steps like demolition, etc., without following due process of law.
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Accordingly, this Writ Petition is disposed of at the admission stage with the consent of both the parties. There shall be no order as to costs.
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As a sequel miscellaneous application, pending, if any, shall also stand closed.
_________________________________ JUSTICE T.RAJASEKHAR RAO
Date: 03.03.2022 Psr.
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
(withdrawn)
WRIT PETITION No.5387 OF 2022
Date: 03.03.2022
Psr.