Andhra Pradesh High Court - Amravati
Arani Sujatha vs The State Of Ap And Others on 28 February, 2025
APHC010210422018
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3333]
(Special Original Jurisdiction)
FRIDAY,THE TWENTY EIGHTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 9128/2018
Between:
Arani Sujatha ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. M SUGUNA
Counsel for the Respondent(S):
1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)
2. GP FOR MUNCIPAL ADMN URBAN DEV
The Court made the following:
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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, to declare the action of the 2ndrespondent in threatening to demolish the structures in though the said house was constructed under valid permission granted by the 2ndrespondent dt.24.03.2017 bearing permit No.1031/0336/B/NMC/kmrstrt/2017, as being illegal, arbitrary unconstitutional and consequently direct the Respondent No.2 herein or his subordinates not to take any coercive steps without following the due process of Law and pass...."
2. The case of the petitioner is that the petitioner is the rightful owner of a property at D.No.2/140, Kummari Street, Nawabpet, Nellore, having purchased it through a registered sale deed from the lawful owner, Sri Movidi Venkataraju, on 16.09.2015. The petitioner applied for permission to demolish the old structure and construct a new residential building with Ground + two Upper floors. The respondent No.2, after verifying the application and documents, granted permission through permit No.1031/0336/B.NMC/kmrstrt/2017, and the petitioner completed the construction as per the sanctioned plan. While the matter being so, on 16.03.2018, officials from respondent No.2 attempted to demolish the structures without providing any reasons. The petitioner resisted the demolition, showing the approved plan, but the officials claimed they were acting under instructions from respondent No.2 and granted one week for the 3 demolition. The petitioner argues that the respondent No.2 is obligated to follow legal procedures, including issuing a show cause notices under Section 452(1) of the Municipal Corporation Act, detailing any alleged violations or deviations, before any demolition action can be taken. Hence, the petitioner filed above Writ Petition is filed.
3. When the matter came up for admission on 20.03.2018, this Court passed the following interim order:
"....The learned Government Pleader for Municipal Administration takes notice on behalf of 1st respondent.
Sri Ancha Panduranga Rao takes notice on behalf of 2nd respondent. Without following due process of law, as specified in Sections 452 and 636 of the Greater Hyderabad Municipal Corporation Act, 1955, the 2nd respondent shall not interfere in any manner with the structure erected by petitioner in the subject property."
4. Heard learned counsel for the petitioner and Sri A.S.C.Bose, learned Standing counsel appearing for respondent No.2.
5. Today, when the matter came up for hearing, learned Standing Counsel representing respondent No.2, on oral instructions, has informed this Court that in pursuance of the interim order 20.03.2018 granted by this Court, the respondents have not interfered with the petitioner's propertyD.No.2/140, Kummari Street, Nawabpet, Nellore and further stated that if at all, they intend to interfere with possession of the petitioner, they will follow due process of law.
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6. Recording the same, the Writ Petition is disposed of directing the respondents not to interfere with the possession of the petitioner over the scheduled property without following due process of law. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall also stand closed.
___________________ JUSTICE V.SUJATHA Dated: 28.02.2025 SNI 5 133 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9128 of 2018 Date: 28.02.2025 SNI