Disposed

Uppuluri Jitender v. the State of Ap

Andhra Pradesh HC11 Sept 2024WP/20290/2024

Case brief

AI extract

What is this about?

Petitioners sought a mandamus restraining demolition of their houses beside an R&B road without notice or acquisition. The court held that persons in possession and enjoyment of their houses cannot be dispossessed or have their houses demolished except by due process of law, and directed respondents accordingly.

What did the court decide?

Respondents directed not to dispossess petitioners or demolish their residential houses except by following due process of law; no costs; pending miscellaneous petitions closed.

Uppuluri Jitender Vs the State of Ap — Land Acquisition | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY, THE TWELFTH DAY OF SEPTEMBER TWOTHOUSAND AND TWENTY FOUR

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i
8 <br>^

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 20290 OF 2024

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Between:

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Uppuluri Jitender, S/o.Subrahmanyam Aged 48 years,^{Occ:Cultivation} R/o.H.No.2-70/2, Ithampudi Village Iragavaram Mandal,^WestGodavari District Andhra Pradesh

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Seethala Mangathayaru, , W/o.Yedukondalu Aged 48 years, Occ; Housewife, R/o.H.No.2-63/1 Ithampudi Village, Iragavaram Mandal, West Godavari District, Andhra Pradesh

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Karri Jagannadha Reddy, S/o.Bhadradri Rami Reddy Aged 67 years, Occ:Cultivation R/o.D.No.2-64 Ithampudi Village, Iragavaram Mandal, West Godavari District, Andhra Pradesh

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Pappu Challa Reddy, S/o.Subbireddy Aged 80 years, Occ:Cultivation R/o.H.No.2-66 Ithampudi Village, Iragavaram Mandal, West^Godavari District, Andhra Pradesh

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...PETITIONERS

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Roads and Buildings Department, Secretariat Buildings, Amaravati, Velagapudi, Guntur District.

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The Executive Engineer, R & B Department, Bhimavaram W.G.District, AP.

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The Deputy Executive Engineer, R & B Department, Tanuku W.G.District Andhra Pradesh

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The Junior Engineer, R & B Department, Tanuku, W.G.District Andhra Pradesh

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Sri Maruthi Constructions, Rep.by its Authorised person Karri Tatha Reddy, Ithampudi Village Iragavaram Mandal, W.G.District,^AP

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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, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents 2 to 5 in proposing to demolish petitioners residential houses bearing D.Nos. 2-70/2, 2-63/1, 2-64 and 2-66 situated by the side of R & B Road in our private sites at Ithampudi Village, Iragavaram Mandal, W.G.District under the guise of improvement of the said road without giving any notice and without acquiring the sites in which the residential houses were constructed as highly illegal, arbitrary and violative of Article 19 and Art.300-A of the Constitution of India and consequently direct the respondents 2^to 5 not to demolish the said houses.

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lA NO: 1 OF 2024

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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 direct the respondents not to demolish the houses bearing D.Nos.2-70/2, 2-63/1, 2-64 and 2-66 situated by the side of R & B Road in our private sites at Ithampudi Village, Iragavaram Mandal, W.G.District Andhra Pradesh pending disposal of the main Writ Petition.

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Counsel for the Petitioners: SRI. YASWANTH GADE

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Counsel for the Respondents; GP FOR ROADS BUILDINGS

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The Court made the following: ORDER

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APHC010400242024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3329]

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(Special Original Jurisdiction)

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THURSDAY ,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 20290/2024

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Between:

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Uppuluri Jitender and Others ...PETITIONER(S)

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AND

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The State Of Ap and Others ...RESPONDENT(S)

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Counsel for the Petitioner(S):

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1.YASWANTH GADE

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Counsel for the Respondent(S):

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1.GP FOR ROADS BUILDINGS

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The Court made the following:

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ORDER:-

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This writ petition is filed under Article 226 of^{theConstitutionofIndia} seeking the following relief:

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“....to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondent Nos.2 to 5 in proposing to demolish petitioners’ residential houses bearing D.Nos.2-70/2, 2-63/1, 2-64 and 2-66 situated by the side of R & B Road in our private sites at Ithampudi Village, Iragavaram Mandal, West Godavari District

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under the guise of improvement of the said road without giving any notice and without acquiring the sites in which the residential houses were constructed as highly illegal, arbitrary and violative^of Article 19 and Article 300-A of the Constitution of India and consequently direct the Respondent Nos.2 to 5 not to demolish the said houses and pass such other or orders....”

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During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a^direction to the respondents not to demolish the petitioners’ residential houses, without following due process of lavy.

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Learned Assistant Government Pleader for the Respondents,^admitted that the petitioners are continuing in possession of their residential houses. If the Respondents intend to take any action, they shall follow due process as contemplated under the law

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Undisputedly, the petitioners are in possession and enjoyment of their respective residential houses. In such case, when the petitioners are in possession and enjoyment of their residential houses, they cannot be dispossessed or their residential houses cannot be demolished, without following due process of law. Therefore, the Respondents are directed. not to dispossess the petitioners from their residential houses or not to demolish the petitioners’ residential houses, except by following due process of law.

With the above direction, the writ petition is disposed of at the stage of

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admission, with the consent of both the counsel. No costs.

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Consequently, miscellaneous petitions pending, if any, shall also stand closed.

SD/- K. TATA RAO

DEPUTY REGISTRAR

//TRUE COPY//

I--,

SEdTfOfl OFFICER

To,

The Principal Secretary, Roads and Buildings Department, State of Andhra Pradesh, Secretariat Buildings, Amaravati, Velagapudi,^Guntur District.

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The Executive Engineer, R & B Department, Bhimavaram^{W.G.District,} AP

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The Deputy Executive Engineer, R & B Department, Tanuku, W.G.District Andhra Pradesh

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The Junior Engineer, R & B Department, Tanuku, W.G.District^Andhra Pradesh Petitioners

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Sri Maruthi Constructions, Rep.by its Authorised person Karri Tatha Reddy, Ithampudi Village Iragavaram Mandal, W.G.District,^AP

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One CC to Sri. Yaswanth Gade Advocate [OPUC]

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Two CCs to GP for Roads & Buildings Department, State^ofAndhra Pradesh, High Court Of Andhra Pradesh. [OUT]

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Three CD Copies div

HIGH COURT

DATED: 12/09/2024

ORDER

WP.No.20290 of 2024

Of-
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SEP 202^ rnr
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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

Uppuluri Jitender v. the State of Ap

Case brief

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Uppuluri Jitender v. the State of Ap

Case brief

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