Andhra Pradesh High Court - Amravati
This Writ Petition Is Filed 'To Declare ... vs Medarmetla Road In Addanki Town; The ... on 8 June, 2021
HON'BLE SMT. JUSTICE KONGARA VIJAYALAKSHMI
Writ Petition No.10906 of 2021
ORDER:
This writ petition is filed 'to declare the high handed action of the 2nd respondent in attempting to demolish the respective properties of the petitioners situated at D.No.7-28 to 31 in an extent of 129.5 sq. yards in Sy.No.1037, in an extent of 47.2/9 sq. yards in Sy.No.1038 at D.No.9-497-501/502/503/504 in an extent of Ac.0.18 cents in Sy.No.1034/2, D.No.9-472-477 in an extent of Ac.0.02 cents in Sy.No.1034/2, D.No.8-7/1-2 an extent of 180 sq. yards in Sy.No.1037/2, D.No.8-6 in an extent of 80.41 sq. yards in Sy.No.1037/1, D.No.9-543/1 in an extent of 116.5 sq. yards in Sy.No.1034/1, D.No.9-524, in an extent of 78.99 sq. yards in Sy.No.1034/1, without notice and without any authority of law, as illegal and arbitrary.' Case of the petitioners is that, they are the absolute owners and possessors of the respective subject properties and that they are situated abutting the State Highway i.e., Narketpalli - Addanki - Medarmetla road in Addanki town; the said constructions were made after obtaining necessary building permissions from the concerned; earlier, when the R & B and the Revenue authorities have attempted to demolish the buildings of petitioners 1 and 2, they have filed WP No.29394 of 2012 and obtained interim stay and the same is still continuing; the 2nd respondent without any authority of law, started demolition of the buildings abutting the road on 01.06.2021 without any notice and without conducting survey; petitioners have not encroached any road or government site; if the 2nd respondent wants to take any action, they should have followed the procedure contemplated under law; petitioners also approached the 2nd respondent on 04.06.2021 and requested him not to demolish their respective buildings without following the procedure; but without considering their request, the respondents are attempting to demolish their properties without issuing any notice. Hence, the writ petition.
Sri M Manohar Reddy, learned standing counsel for the 2nd respondent submits that the petitioners have constructed steps which are projecting to the road by encroaching the foot path and the drainage canal and that the shop owners on the said road voluntarily agreed to remove the steps which are projecting to the road and the photographs filed along with the writ petition show that the JCB is only removing the debris. He further submits that the buildings of the petitioners are not touching at all by the respondents and only steps which are projected to the road were removed.
In view of the facts and circumstances of the case, if the respondents want to proceed further to remove the constructions which are made by the petitioners, they are directed to issue notice and follow the procedure contemplated under law.
The writ petition is, accordingly, disposed of. No order as to costs. Miscellaneous petitions pending if any, in this writ petition, shall stand closed.
__________________________ KONGARA VIJAYALAKSHMI, J Date: 08.06.2021 Note: Furnish CC today (BO) BSS HON'BLE SMT. JUSTICE KONGARA VIJAYALAKSHMI Writ Petition No.10906 of 2021 URGENT Date: 08.06.2021 BSS