Andhra Pradesh High Court - Amravati
Smt. Ariga Padmavathi Arika ... vs The State Of Andhra Pradesh, on 21 November, 2024
Author: B Krishna Mohan
Bench: B Krishna Mohan
J
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV
(Special Original Jurisdiction) a
(r
WEDNESDAY ,THE SIXTH DAY OF NOVEMBER //n
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 25182 OF 2024
Between:
Smt. Ariga Padmavathi @ Arika Padmavathi, W/o. Arika Mallikarjuna
Rao, Aged about 60 years, Occ- Housewife, R/o. D.No. 49-1-22B,
NearVijaya Durga Hall, Miriyalapalem,Ongole, Prakasam District
...PETITIONER
AND
1. The State of Andhra Pradesh, . rep. by its Principal Secretary MA and
UD Department, Secretariat, Velgapudi, Guntur District.
2. The Ongole Municipal Corporation, rep.by its Commissioner, Ongole
Prakasam District.
3. The District Collector, Ongole, Prakasam District.
4. The Tahsildar, Ongole, Prakasam District
...RESPONDENTS
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, order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of Respondents in insisting to vacate as well as trying to demolish the petitioner's structures situated in H.No.49-1-1a, Revenue Ward No.25, Miriyalapalem, Ongole, % Prakasam District in the site of 0.01 cents in T.S.No. 282 without following due process of law as illegal, arbitrary, violative of Articles 14, 21 and 300- A of the Constitution of India and also contrary to the procedure r contemplate under the AP Municipalities Act and consequently direct the Respondents not to take any coercive steps/interfere with the petitioner's peaceful possession and enjoyment of the house/shops and also not to demolish the petitioners structures situated in H.No.49-1-1a, Revenue Ward No.25, Miriyalapalem, Ongole, Prakasam District without following due process of law.
(Prayer is amended as per the Court Order dt.21/11/2024 in lA No.2 of 2024 in Writ Petition and Affidavit) lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the Respondents not to take any coercive steps/interfere with the petitioner's peaceful possession and enjoyment of the house/shops and also not to demolish the petitioner's structures situated in H.No.49-1-1a, Revenue Ward No.25, Miriyalapalem, Ongole, Prakasam District pending disposal of the above writ petition.
Counsel for the Petitioner(s): SRI. SHAIK MEERAVALI Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2: SRI J DILEEP KUMAR Counsel for the Respondent No.3 & 4: GP FOR REVENUE The Court made the following: ORDER r APHC010491312024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR [3233] PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 25182/2024 Between:
...PETITIONER Smt. Ariga Padmavathi @ Arika Padmavathi AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.SHA1K MEERAVALI Counsel for the Respondent(S):
1.GP FOR MUNCIPAL ADMN URBAN DEV
2.GP FOR REVENUE 2 The Court made the following Order:
Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondents.
2. This writ petition is filed questioning the action of the respondents in trying to demolish the petitioner's structures situated in H.No.49-1-1a, Revenue Ward No.25, Miriyalapalem, Ongole, Prakasam District in the site of 0.01 cents in T.S.No.282.
3. The learned counsel for the petitioner submits that the petitioner is in possession and enjoyment of the subject property and the respondent authorities are trying to proceed against the subject property for demolishing without following any due procedure.
4. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that, if so warranted, the respondent authorities will follow the due procedure against the subject property.
5. In view of the above said facts and circumstances, the respondents are directed to proceed strictly in accordance with law, if so warranted, against the subject property situated in H.No.49-1-1a, Revenue Ward No.25, Miriyalapalem, Ongole, Prakasam District in the site of 0.01 cents in T.S.No.282 and if the petitioner is otherwise in possession of the same, she shall not be dispossessed except by following the due process of law.
34;^ -
6. Accordingly, the writ petition is disposed of. There shall be no order as to costs.
As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.
Sd/- K. TATA RAO DEPUTY REGISTRAR 1 //TRUE COPY// SECTION OFFICER To.
1. The Principal Secretary MA and UD Department, Secretariat, Velgapudi, Guntur District.
2. The Commissioner, Ongole Municipal Corporation, Ongole, Prakasam District.
3. The District Collector, Ongole, Prakasam District.
4. The Tahsildar, Ongole, Prakasam District.
5. One CC to Sri. Shaik Meeravali, Advocate [OPUC]
6. Two CCs to GP For Muncipal Admn Urban Dev ,High Court Of Andhra Pradesh. [OUT]
7. Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT].
8. One CC to Sri J Dileep Kumar, Advocate [OPUC].
9. Three CD Copies Note The Survey T.S No.285 is Corrected as "Survey T.S No 282" in Order Portion as Per Court Order dated 21-11-2024 in lA No.2 of 2024. Substitute this amended order in Place of earlier Order which was dispatched on 15-11-2024.
Sd/- K. TATA RAO
DEPUTY REGISTRAR
HIGH COURT TL
DATED:06/11/2024
21/11/2024
AMENDED ORDER
^OF
WP.No.25182 of 2024
O 2 8 NOV 202'| S
* Curtem Section
DISPOSING OF THE WP WITHOUT COSTS