Petitioner sought writ prohibiting demolition of private property for drainage construction without notice. Court directed respondent to follow due process of law before proceeding. Writ petition disposed of.
Direction to respondent to proceed with construction only by following due process of law regarding subject property.
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAtS /^^BI (Special Original Jurisdiction) Jo
THURSDAY, THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 13925 OF 2023
Between:
Srinivasa Reddy, S/o. Lakkireddy Jagadeeshwar Reddy, Aged TelanX
...PETITIONER
AND
2. The Jammalamadugu Municipality, Rep. by its Commissioner Jammalamadugu, YSR Kadapa District.
...RESPONDENTS
Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ more fully in the nature of Writ of mandamus, order or direction to declare the actions of the respondents in proceeding or proposing to demolish an extent of our private property bearing D.No.1/576 in Prodattur Road, Jammalamadugu, YSR Kadapa District without issuance of any notice, for construction of a drainage is as illegal, arbitrary andcontrary-to the principles of natural justice, well-established legal principles apart from beihg violative of the fundamental and Constitutional rights guaranteed to the petitioners under Articles 14, 19, 21 and 300A of the Constitution of India and for a consequential direction not to proceed with the construction of the proposed drainage by following due process of law.
lA NO: 1 OF 2023
Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to proceed with the construction of the proposed drainage affecting private property bearing D.No. 1/576 in Prodattur Road, Jammalamadugu. YSR Kadapa District, pending disposal of the Writ Petition.
Counsel for the Petitioner: SRI. VMR LEGAL
Counsel for the Respondent No. 1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No. 2: SRI. N RANGA REDDY
The Court made the following: ORDER
IN THE HIGH COURT OF ANDHRA PRADESH ;; AMARAVATI
THE HON'BLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION No. 13925 of 2023
Lakkireddy Srinivasa Reddy S/o.Lakkireddy Jagadeeshwar Reddy, aged about 53 years, R/o.Villa No.46, Ashoka La Maison, Dhulapalle, KV . Rangareddy District, Telangana.
Petitioner
Versus
The State of Andhra Pradesh, rep by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District and 5 others.
....Respondents
ORDER;
Heard the learned counsel for the petitioner and Sri N.
Ranga Reddy, the learned Standing Counsel for. the 2^^ respondent.
in Prodattur Road, Jammalamadugu, YSR Kadapa District
2
without issuing any notice and without following any procedure.
5. In view of the above said facts and circumstances, the 2«d respondent is directed to proceed with the said construction of drainage or for any other public purpose by following the due process of law specificaUy with respect to the subject property involved in this writ petition.
be no order as to costs.
3
As a sequel, Miscellaneous Petitions pending, if any.
shall stand closed.
Sd/- K.J. RAJA BA6U
ASSISTANT REGISTRAR
//TRUE COPY//
\ SECTION OFFICER
To,
1 The Principal Secretary. Municipal Administration and Urban Development
Department, State of Andhra Pradesh. Secretariat Buildings, Velagapudi,
'Guntur District.
2. The Commissioner, Jammalamadugu Municipality, Jammalamadugu. YSR
Kadapa District.
3. One CC to SRI. VMR LEGAL Advocate [OPUC]
4. Two CCS to GP FOR MUNCIPAL ADMN URBAN DEV, High Court Of Andhra
Pradesh. [OUT]
5. One CC to SRI. N RANGA REDDY, Advocate [OPUC]
6. Two CD Copies
em <05 f I
HIGH COURT
DATED:15/06/2023
ORDER
WP.No.13925 of 2023
:z 11 SEP 2023 H
. Curres^t Section
DISPOSING THE WP WITHOUT COSTS
3 issues framed by the court
Whether to grant direction not to demolish petitioner's private property for proposed drainage construction without notice.
Whether respondent must follow due process of law before proceeding with drainage construction affecting private property.
Whether petition under Article 226 and Section 151 CPC should be allowed or dismissed.
2 provisions across 2 enactments
Srinivasa Reddy
The Jammalamadugu Municipality
State of Andhra Pradesh
B KRISHNA MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
