Disposed

Amajala Kishore Babu v. the State of Ap

Andhra Pradesh HC5 Jan 2023WP/460/2023

Case brief

AI extract

What is this about?

Single judge disposed of a writ petition challenging demolition notice for a kirana shop, directing respondents not to take coercive steps and to act on the petitioner's representation before proceeding.

What did the court decide?

Directed respondents not to take coercive steps against the petitioners shop pursuant to the notice dated 20.12.2022 without passing orders on the representation.

Amajala Kishore Babu Vs the State of Ap — Municipal and Town Planning | Andhra Pradesh HC (2023)

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THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.460 of 2023

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ORDER:

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This Writ Petition is filed questioning the action of the respondents in deciding to demolish petitioner’s petty general store(kirana shop) in an extent of 0.21 square yards, covered by Sy.No.766/6A, situated at M.M.Puram, Poolla Village and Gram Panchayat, Bhimadole Mandal, Eluru District and also notice dated 20.12.2022 issued by the 7^th respondent without considering the representation dated 19.12.2022 and without giving him any opportunity of hearing as illegal and arbitrary.

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Heard learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj and Rural Development appearing for the respondent.

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During hearing, learned counsel for the petitioner submitted that when the 7^th respondent at the instance of the 4^th respondent interfered with the possession and enjoyment of the petitioner over the subject shop, the petitioner submitted a representation on 19.12.2022 to the

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7^th respondent requesting not to interfere with the possession of the petitioner over the subject shop. But without considering the said representation, the 7^th respondent issued the impugned notice dated 20.12.2022 directing the petitioner to remove the subject shop in 21 square yards of Sy.No.766/6A at Mandapala Center. The said impugned notice was issued without giving an opportunity and notice to the petitioner. Aggrieved by the same, the present Writ Petition is field.

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Considering the submissions of the learned counsel for the petitioner and on perusal of the record, this Writ Petition is disposed of at the stage of admission directing the respondents not to take any coercive steps against the petitioner’s shop pursuant to the notice dated 20.12.2022 without passing orders on the representation submitted by the petitioner on 19.12.2022. No costs.

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Miscellaneous petitions pending, if any, in this case shall stand closed.

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________________ JUSTICE D.RAMESH

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Date : 05.01.2023 tm

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THE HONOURABLE SRI JUSTICE D.RAMESH

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WRIT PETITION No.460 of 2023

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Date: 05.01.2023

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Amajala Kishore Babu v. the State of Ap

Case brief

What is this about?

What did the court decide?

Amajala Kishore Babu v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

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