This single judge order disposes of Writ Petition No. 12276 of 2024 and Interlocutory Application No. 1 of 2024, challenging demolition action against petitioner's property. The court treated the case as disposed based on written instructions furnished by the Revenue respondent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATI (Special Original Jurisdiction)
TUESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
WRIT PETITION NO: 12276 OF 2024
Between:
B.Munuswamy, S/o.D,Babu, Aged about 60 years, R/o.D.No.16-108/1 Ward No. 16, Kurmaipuram, Kuppam Town, Chittoor District
...PETITIONER
AND
...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 t to issue a Writ, order or Direction more particularly one in the nature of Writ of Mandamus declaring action of the respondents No. 2 to 6 without following the due process of law and directlycamefordemolitionof the petitioner's property situated in Sy.No. 152/1andtotalextentof155.5 Sq.Yrds in D.No. 16-108/1, Ward No. 16, Kurmaipuram, Kuppam Town and
0
A
Municiplaity, Chittoor District as illegal, arbitrary and contrary to the provisions of law and violation of principles of natural justice and consequently direct the respondents No.2 to 6 not to demolish the petitioner's house property situated in Sy.No. 152/1 and total extent of 155.5 Sq.Yrds in D.No. 16-108/1, Ward No. 16, Kurmaipuram, Kuppam Town and Municiplaity, Chittoor District.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No.2 to 6 not to demolish the petitioner's house property situated in Sy.No. 152/1 and total extent of 155.5 Sq.Yrds in D.No.16-108/1 Ward No.16, Kurmaipuram, Kuppam Town and Municiplaity, Chittoor District, pending disposal of the above writ petition.
Counsel for the Petitioner: SRI. K DAVID RAJU
Counsel for the Respondent No.1, 3 and 4: GP FOR REVENUE
Counsel for the Respondent No.2: GP FOR MUNICIPAL ADMINISTRATION Counsel for the Respondent No.5 and 6: SRI N. RAGA REDDY, STANDING COUNSEL
The Court made the following: ORDER
K
[3328]
APHC010246562024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
TUESDAY ,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
WRIT PETITION NO: 12276/2024
Between:
...PETITIONER
AND
...RESPONDENT(S):
Counsel for the Petitioner:
2
V
1.K DAVID RAJU
Counsel for the Respondent(S):
1.GP FOR REVENUE
2.GP FOR MUNCIPAL ADMN URBAN DEV
The Court made the following ORAL ORDER:
Heard Sri C. Prakash, learned Counsel appearing onbehalfofSri K. David Raju, learned Counsel for the Writ Petitionerand Sri K. Arjun Chowdary, learned Assistant Government Pleader forRevenue. 2. Learned Counsel for the Writ Petitioner submits that the present Writ Petition is filed declaring the action of the RespondentNos.2to6thatthey directly came for demolition of the Writ Petitioner’s property situated in Sy.No.152/1 and total extent of 155.5 Sq. Yards (inD.No.16-108/1,Ward No.16), Kurmaipuram, Kuppam Town and Municipality, Chittoor District, without following the due process of law.
3
/
However the present petitioner approached the Hon’ble Court statin? that the respondent no.2 to 6 without following the due process of law and directly came for demolition of Jhe Petitioner s property situated in Sy.No.152/1 and total extent °t Yards in D No.16-108/1, Ward No.16, Kurmaipuram Kupparn Town and Municipality, Chittoor District as illegal arbitrary and I own ana mu h y. violation of principles of ?iSuSice.^STh^SSr?^'^ubmitth^ followed due process of law and the rules in vogue before taxing any action in this matter.
indicate that the Respondents have 5. The said paragraph would of law and the Rules in vogue before undertaken to follow the due process taking any action in this matter.
it appropriate to dispose of 6. Having so recorded, this Court deems of the Written Instruction extracted hereinabove. this Writ Petition in terms
Order.
/J
//TRUE COPY//
SD/- K. TATA RAO DEPUTYvREGISTRAR
SBOTIDN OFFICER
To,
9 Two CCs to GP FOR [OUT]
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HIGH COURT
DATED:30/07/2024
ORDER
WP.No.12276 of 2024
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2 1 SEP 20?'»
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Current Section ^
4L£fSPATCW$S^
DISPOSING OFTHE WP
WITHOUT COSTS
B.MUNUSWAMY
THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT
THE DISTRICT COLLECTOR, CHITTOOR
THE TAHSILDAR, KUPPAM
THE MUNICIPAL CORPORATION, KUPPAM
THE TOWN PLANNING OFFICER, KUPPAM MUNICIPALITY
GANNAMANENI RAMAKRISHNA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
