THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.29027 OF 2021

ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

"…..to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondent No.2 starting the activity of demolition of the parts of RCC Ground Floor with Galvanized Iron roofed top with Periodical Examination and Testing of LPG Cylinders Unit of the 1st and 2nd petitioners firm in H.No.23-14, Assessment No.2856 in R.S.No.103/1 situated at Kondapalli Municipality, Ibrahimpatnam Mandal, Krishna District, as illegal, unconstitutional and violative of Article 14, 21 and 300-A of Constitution of India and apart from Municipal laws and consequently direct the respondent 2 to repair the damaged portion of the RCC Ground floor with Galvanized iron roofed top building and not to take up demolition of any portion of the building vide H.No. 23-14, Assessment No.2856 in R.S.No.103/1 situated at Kondapalli Municipality, Ibrahimpatnam Mandal, Krishna District and pass such other orders."

Though the petitioners made several contentions with regard to non-compliance of the procedure contemplated for the said purposes in the writ affidavit filed along with the writ petition, the truth or otherwise in those allegations need not be adjudicated by this Court, in view of the submission made by the learned Standing Counsel for Municipal Corporation that the respondent authorities will follow due process of law.

Recording the submissions of the learned Standing Counsel for Municipal Corporation, respondents are directed to follow the procedure contemplated under law. Without going into the merits of the case, the writ petition is disposed of, with the consent of both the counsel. There shall be no order as to costs.

As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 10.12.2021 KK

WRIT PETITION No.29027 OF 2021

Date:10.12.2021

KK