Andhra Pradesh High Court - Amravati
M.R. Vijaya Bhaskar Reddy vs The State Of Andhra Pradesh on 14 August, 2021
Author: M. Satyanarayana Murthy
Bench: M. Satyanarayana Murthy
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)
SATURDAY, THE FOURTEENTH DAY OF AUGUST, TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION No. 17223 of 2021
Between :-
1.Smt S. Shabeena, W/o. S. Mahaboob Basha
2.Smt M. Hritha, W/o. M. Nagaprasd Naidu
3.Smt A. Madhavi, W/o. Chandra Reddy
4.Smt D. Rekha, W/o. R. Srinadh Reddy
....Petitioners
AND
1.The State of A.P., rep. by its Principal Secretary, Revenue Department,
Secretariat, Velagapudi, Amaravati.
2.The District Collector, Chittoor District, Chittor.
3.The Tahsildar, Piler Mandal, Chittoor District.
....Respondents
WHEREAS the Petitioners above named through their Advocate Sri SURESH KUMAR REDDY KALAVA, presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in trying to dispossess/ demolish the houses measuring 34 x 51 =1734 Sq.ft., or 48.66 Ankanams of the 1st petitioner; measuring 70 X 51 29 = 2030 Sq.ft., or 56.38 Ankanams covered by Plot No.3 of 2nd petitioner; measuring 50 X 25.5 = 1275 Sq.ft or 35.41 Ankanams covered by Plot No.1 of the 3rd petitioner and measuring 50 X 27.5 +1375 Sq.ft., or 38.19 Ankanams, covered by Plot No.2 to 4th petitioner, situated in Sy.No.652-3A of Bodumalluvaripalle Revenue Village, Piler Mandal, Chittoor District, without following due process of law as arbitrary, illegal and violative of Article 21 and 300-A of Constitution of India. Consequently direct the 3rd respondent not to dispossessing/demolish the houses measuring 34 X51 =1734 Sq.ft., or 48.66 Ankanams of the 1st petitioner; measuring 70 X 29 = 2030 Sq.ft, or 56.38 Ankanams covered by Plot No.3 of 2nd petitioner; measuring 50 X 25.5 = 1275 Sq.ft or 35.41 Ankanams covered by Plot No.1 of the 3rd petitioner and measuring 50 X 27.5 =13.75 Sq.ft., or 38.19 Ankanams, covered by Plot No.2 of the 4th petitioner situated in sy.No.652-3A of Bodumalluvaripalle Revenue Village, Piler Mandal, Chittoor District.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of SRI SURESH KUMAR REDDY KALAVA Advocate for the Petitioner and of the Govt. Pleader for Revenue on behalf of respondents, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
are directed to show cause either appearing in person or through an advocate as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.
Contd..2...
- 2 - I.A. No. 1 of 2021 :-
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of W.P., the High Court may be pleased to direct the 3rd respondent not to dispossess/demolish the houses measuring 34 X51 =1734 Sq.ft., or 48.66 Ankanams of the 1st petitioner; measuring 70 X 29 = 2030 Sq.ft, or 56.38 Ankanams covered by Plot No.3 of 2nd petitioner; measuring 50 X 25.5 = 1275 Sq.ft or 35.41 Ankanams covered by Plot No.1 of the 3rd petitioner and measuring 50 X 27.5 =13.75 Sq.ft., or 38.19 Ankanams, covered by Plot No.2 of the 4th petitioner situated in sy.No.652-3A of Bodumalluvaripalle Revenue Village, Piler Mandal, Chittoor District, pending disposal of the W.P.No. 17223 of 2021 on the file of the High Court.
The Court made the following ORDER :-
"(As per the oral information given by learned Registrar (Judicial), this matter is taken up as House-Motion through video conferencing) I.A.No.1 of 2021 The case of the petitioner is that originally the land to an extent of Ac.0.33 cents situated in Sy.No.202/3 belong to one S.Rasool Basha and he sold away the property to various persons and the petitioner purchased an extent of Ac.0.06 cents situated in Sy.No.202/3 Gudarevupalle Village, Piler Mandal, Chittoor District. He purchased the property under a sale agreement dated 02.03.2021 and since then, he ahs bene in physical possession and enjoyment of the said property by constructing a house and by paying property tax and electricity consumption charges to the concerned authorities.
The grievance of the petitioner is that the 3rd respondent along with his staff came to the subject property on 09.08.2021 and threatening to demolish the existing house in part without issuing any notice or following due process of law. Hence, the petitioners filed the present writ petition.
Heard Sri Kalva Suresh Kumar Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents. Learned counsel for the petitioner submits that the petitioner cannot be dispossessed from the subject land without following due process of law as held by the Apex contd..
Court in Rame Gowda vs. M. Varadappa Naidu (AIR 2004 SC 4609). On the other hand, learned Assistant Government Pleader for Revenue appearing for the respondents submits that the building was constructed on road poramboke, which is not permissible in law.
Even assuming for a moment that the petitioner are in unlawful possession still the respondents are under obligation to issue notice and to follow due process of law to evict the petitioner, who is in allegedly unauthorised/illegal possession of the property.
The main reason for approaching this Court is that the respondents are trying to demolish the petitioner's house and in fact, demolished the part of the same.
Apart form that, the demolition of the building on the festival is deprecated as held by the Full Bench of the composite High Court in 3 Aces, Hyderabad vs Municipal Corporation Of Hyderabad (AIR 1995 AP 17) laid down the following guide lines.
"When the Corporation comes to the conclusion, keeping the above guidelines in view, that the construction in question is required to be demolished or pull down, it should follow the procedure indicated below:
(i) The demolition should not be resorted to during festival days declared by the State Government as public holidays excluding Sundays. If the festival day declared by the Government as a public holiday falls on a Sunday, on that Sunday also, the Corporation should not resort to demolition.
(ii) In any case, there should not be any demolition after sun set and before sun rise.
(iii) The Corporation should give notice of demolition as required by the statute fixing the date of demolition. Even on the said date, before actually resorting to the demolition, the Corporation should give reasonable time, depending upon the premises sought to be demolished, for the inmates to withdraw from the premises. If within the time given the inmates do not withdraw, the Corporation may proceed with actual demolition;
These guidelines are laid down in view of the fact that the Corporation is a public authority and its action must be tested on the touchstone of fairness and reasonableness."
Taking advantage of the two successive holidays, the respondents started demolishing the construction without following due process of law i.e., evicting the petitioner on the ground of unauthorised occupation, which is impermissible in law.
Having regard to the facts and circumstances of the case; considering the submissions and in the light of the law down by the Apex Court, the respondents are directed not to demolish the house of the petitioner situated in an extent of Ac.0.06 cents in Sy.No.202/3, Gudarevupalle village, Piler Mandal, Chittoor District, for a period of one week from today.
For obtaining instructions, list on 17.08.2021 in the Motion List.."
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1.The Principal Secretary, Revenue Department, State of A.P., Secretariat, Velagapudi, Amaravati.
2.The District Collector, Chittoor District, Chittor.
3.The Tahsildar, Piler Mandal, Chittoor District. (Addressee Nos. 1 to 4 by RPAD along with a copy of Petition & Affidavit)
5.Two CCs to the G.P. for Municipal Administration, High Court of A.P., at Amaravati(OUT)
6.One CC to Sri K.L.N. Swamy, Advocate(OPUC)
7.One spare copy.
TKK HIGH COURT MSM.J DT.14-08-2021.
NOTICE BEFORE ADMISSION W.P.No. 17223 of 2021.
DIRECTION DRAFTED BY TKK DT.14-08-2021.
HIGH COURT MSM.J DT.03-08-2021.
Note :- Post after four weeks.
NOTICE BEFORE ADMISSION W.P.No. 17223 of 2021.
DIRECTION