Dismissed

D Ramakrishna v. The Stale of Andhra Pradesh

Andhra Pradesh HC11 Aug 2023WP/9795/2020

Case brief

AI extract

What is this about?

Writ petition challenging the attempted demolition of petitioner's house by respondent authorities. Court held that due process of law must be followed before interfering with or removing a petitioner's structure and directed respondents to comply.

What did the court decide?

Respondents specifically directed to follow due process of law if there is any proposal for demolition of the petitioner's building structure.

D Ramakrishna Vs The Stale of Andhra Pradesh — Landlord and Tenant | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY, THE ELEVENTH DAY OF AUGUST

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TWO THOUSAND AND TWENTY THREE

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PRESENT M'-'

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 9795 OF 2020

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Between:

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D. Ramakrishna, S/o. Talleswara Rao, Aged about 49 years, Occ; Business, R/o. 6- 211, Kakinada Road, Jaggampeta village and Mandal, East Godavari District.

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...PETITIONER

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AND

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The Stale of Andhra Pradesh, rep., by its Principal Secretary, Irrigation

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Department, Velagapudi Secretariat Building, Amaravathi, Guntur District, Andhra Pradesh.

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Executive Engineer, Pushkara main canal, PIPLMC, Sub-Division-4 (Pushkara and Polavaram left main canal). Jaggampet, East Godavari District

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The Assistant Executive Engineer, Pushkara main canal, PIPLMC, SubDivision-4, Jaggampet, East Godavari District.

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...RESPONDENTS

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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 order more particularly one in the nature of writ of mandamus or an appropriate writ or order declaring the high handed action of the respondents 2 and 3 in attempting to demolish the building structure of the petitioner situated at Door No. 3-177, in an extent of 293 Sq. yards Survey No. 169/3 Z. Ragampeta Village, Neeladhriraopeta Gram Panchayat, Gandepalli Mandal, East Godavari District without following due process of law, is illegal, arbitrary and unconstitutional and against to the principles of natural justice and contrary to the Control Orders and consequently set aside the same.

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lA NO: 1 OF 2020

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Petition under Section 151 CPC 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 2 & 3 not to demolish the petitioners building structure situated at Door No. 3-177, in an extent of 293 Sq. yards Survey No. 169/3 Z. Ragampeta Village, Neeladhriraopeta Gram Panchayat, Gandepalli Mandal, East Godavari District pending disposal of the writ petition.

lA NO: 1 OF 2021

Between:

Executive Engineer, Pushkara main canal, PIPLMC, Sub-Division-4 (Pushkara and Polavaram left main canal). Jaggampet, East Godavari District.

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...PETITIONERS/RESPONDENTS

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AND

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D. Ramakrishna, S/o. Talleswara Rao, Aged about 49 years, Occ: Business, R/o. 6-211, Kakinada Road, Jaggampeta village and Mandal, East Godavari District.

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...RESPONDENT/PETITIONER

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The Stale of Andhra Pradesh, rep., by its Principal Secretary, Irrigation

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Department, Velagapudi Secretariat Building, Amaravathi, Guntur District, Andhra Pradesh.

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The Assistant Executive Engineer, Pushkara main canal, PIPLMC, SubDivision-4, Jaggampet, East Godavari District.

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...RESPONDENTS/RESPONDENTS

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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 to vacate the interim orders dated 19/06/2020 passed in WP No 9795/2020.

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Counsel for the Petitioner : SRI KOTI REDDY IDAMAKANTI

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Counsel for the Respondents: GP FOR IRRIGATION & COMMON AREA DEVELOPMENT

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The Court made the following: ORDER

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.9795 OF 2020

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ORDER:-

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The present Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

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"... to issue a writ more in the nature of a Writ of Mandamus or an appropriate writ or order declaring the high handed action of the respondents 2 and 3 in attempting to demolish the building structure of the petitioner situated at Door No.3-177, in an extent of 293 Sq.yards Survey No. 169/3, Rangampeta Village, Neeladhriraopeta Gram Panchayat, Gandepalli Mandal, East Godavari District without following due process of law, is illegal, arbitrary and unconstitutional and against to the principles of natural justice and contrary to the control Orders and consequently set aside the same and to pass such other order or orders ...”

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Heard learned counsel for the petitioner and learned Government

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Pleader for Irrigation and Command Area Development.

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Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the house site to an extent of 293 Sq. Yards in Survey No. 169/3 of Z. Rangampeta Village, Neladhriraopeta Gram Panchayat, Gandepalli Man dal. East Godavari District. He further submits that the petitioner site is situated about 100 feet away from the canal and there are houses in between the petitioner’s site and the canal and the petitioner has started work of ground cleaning at the site for construction of the building and laid the pillars. While so. Respondent No.2 issued notice dated 08.05.2020 to the petitioner to remove the building which is under construction alleging that, petitioner

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NV.J W.P.No.9795 of2020

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has encroached 87 Sq. yards of canal and constructing the building. Thereafter, petitioner approached the respondent authorities and informed that he did not encroach the canal site and requested to drop the notice dated 08.05.2020.

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Learned counsel for the petitioner further submits that the petitioner expressed no objection either for survey, demarcation or for measuring the site by the respondents as per the documents. He further submits that without verifying the documents of the petitioner, the respondent along with police came to the petitioner’s site on 02.06.2020 and made an attempt to demolish the structure and finally directed the petitioner to get it demolish the structure within 10 days, otherwise structure will be demolished with the help of the police. He further submits that on 09.06.2022 this Court granted status quo obtaining as on today. Therefore, without following the due procedure as contemplated the respondents should not have demolish the petitioner structure. Hence, the writ petition.

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On the other hand, learned Government Pleader for Irrigation and Command Area Development filed counter-affidavit, wherein it is stated that the Pushkara Main Canal running through Z-Rangampeta Village where there is an unauthorized construction of building by the petitioner. It is further stated that the Pushkara Main Canal boundary lines are fixed by conducting joint inspection survey on 23.04.2019 with three

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W.P.No.9795of2020

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Learned Government Pleader Government Pleader for Irrigation and Command Area Development submits that the Revenue Authorities clearly mentioned that the petitioner had encroached into the land of irrigation Department. He further submits that the respondents would follow due process of law as contemplated under the Act.

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7. Having regard to the submissions made by the learned counsel for both the parties, it is settled principle of law, if the respondents intend to interfere and to remove the structure of the petitioner’s property; they are under the obligation to follow due process of law as contemplated under the law. Therefore, the respondents are specifically directed if there is any proposal for demolition of the building structure of the petitioner, they shall follow the due process as contemplated under the law.

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With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.

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Sd/- A. VENU GOPAL RAO ASSISTANT REGISTRAR

//TRUE COPY//

OFFICER

To,

The Principal Secretary, Irrigation Department, Stale of Andhra Pradesh, Velagapudi Secretariat Building, Amaravathi, Guntur District, Andhra Pradesh.

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Executive Engineer, Pushkara main canal, PIPLMC, Sub-Division-4 (Pushkara and Polavaram left main canal). Jaggampet, East Godavari District.

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The Assistant Executive Engineer, Pushkara main canal, PIPLMC, SubDivision-4, Jaggampet, East Godavari District.

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One CC to Sri Koti Reddy Idamakanti, Advocate [OPUC]

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Two CCs to GP for Irrigation & Common Area Development, High Court of Andhra Pradesh. [OUT]

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Three C.D. Copies

Cnr

HIGH COURT

DATED:11/08/2023

ORDER

WP.No.9795 of 2020 »

I" I 5 NOV 2003
V Current Section

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DISPOSING OF THE W.P. WITHOUT COSTS

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7- GpfeS

D Ramakrishna v. The Stale of Andhra Pradesh

Case brief

What is this about?

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D Ramakrishna v. The Stale of Andhra Pradesh

Case brief

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What did the court decide?

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