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Andhra Pradesh High Court - Amravati

Pemmadi Durga Venkata Ganapathi Raju, vs The Narsapur Municipality, on 1 August, 2019

Author: Kongara Vijaya Lakshmi

Bench: Kongara Vijaya Lakshmi

             HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI

                     Writ Petition No.42984 of 2018
ORDER:

This writ petition is filed 'to declare the action of the Respondent No.1 in demolishing a part of the shop in an extent of Ac.0.01 cent in RS No.53 bearing D.No.5-7-19 at Pothuraju Gari Veedhi, Tailor Peta, Narsapur Village, Narsapur Mandal, West Godavari District, without any notice is contrary to the orders of this Court in WP No.39954 of 2018, as illegal and arbitrary.

Case of the petitioner is that, there is a bit of poramboke land admeasuring Ac.0.01 cent, in RS No.53 at Narsapur village in which there is a small room, bearing Door No.5-7-19, wherein he is making boats; the 3rd respondent has also issued possession and enjoyment certificate on 31.12.2012; while so, the 1st respondent directed the petitioner to vacate the said shop and petitioner filed WP No.39954 of 2018 before this Court and the same was disposed of on 16.11.2018 directing the respondents to follow due process of law in evicting the petitioner; now without issuing any notice, the officials of the 1st respondent demolished the bath room of the petitioner's shop. Hence, the writ petition.

Sri Venkateswarlu Nimmagadda, learned standing counsel appearing for the 1st respondent, submits that due procedure established under law would be followed before demolishing the subject property of the petitioner.

In view of the same, the 1st respondent is directed to follow the procedure established under law before demolishing the subject property of the petitioner.

The writ petition is, accordingly, disposed of. No order as to costs. Miscellaneous petitions, if any, pending in the writ petition shall stand closed.

__________________________ KONGARA VIJAYA LAKSHMI, J Date: 01.08.2019 BSS HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.42984 of 2018 32 Date: 01.08.2019 BSS