Disposed

S. Bhagyavathi v. The Government of Andhra Pradesh

Andhra Pradesh HC12 Feb 2024WP/22814/2013

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition challenging the demolition proceedings by the Municipality. The court directed the authorities to follow due process of law, including issuing advance notice to the petitioners, before taking any coercive steps regarding alleged encroachments.

What did the court decide?

Court directed the Commissioner, Gudur Municipality to follow due process of law and issue advance notice before survey or coercive steps.

S. Bhagyavathi Vs The Government of… — Municipal and Town Planning | Andhra Pradesh HC (2024)

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m THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 22814 OF 2013

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Between:

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S. Bhagyavathi, W/o S. Raja, Aged about 48 years, Occ: House Wife, R/o D. No. 3/191-3, High School Road, East Guduru, Potti^{SreeramuluNellore} District

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Machavolu Indrasena, W/o Ch. Sri Hah, Aged about 36 years, Occ: House Wife, R/o D. No. 3/191-2A, High School Road, East Guduru, Potti Sreeramulu Nellore District

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Ganta Senhalatha, W/o Raju, Aged about 47 years, Occ: House Wife, R/o D. No. 3/191-3, High School Road, East Guduru, Potti Sreeramuju Nellore

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. District

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Maipali Venkataswarlu, S/o Polaiah Aged about 57 years, Occ: House Wife, R/o D. No. 3/191-4, High School Road, East Guduru, Potti Sreeramulu Nellore District

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Manju Saraswati, W/o Venkata Subbaiah Aged about 48 years, Occ: House Wife, R/o D. No. 10-5-3, High School Road, East Guduru, Potti Sreeramulu Nellore District

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Bondili Bhavani Bai, W/o Nagendra Singh Aged about 44 years, Occ: Business, R/o D. No. 10-58-4, High School Road, East Guduru, Potti Sreeramulu Nellore District

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Paperi Purushotnam, S/o Dovaswamy Sethi Aged about 63 years, Occ: Business, R/o D. No. 10-58, High School Road, East Guduru, Potti Sreeramulu Nellore District

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Soney Suhasini, W/o Ramachandriah Aged about 48 years, Occ: House Wife, R/o D. No.3/191-1, High School Road East Guduru, Potti Sreeramulu Nellore District

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Gadimeli Anasuyamma, W/o G. Pullaiah Aged about 48, Occ: Business, R/o D. No. 3/197-18, High School Road, East Guduru, Potti Sreeramulu Nellore District

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V. Janardhana Chari, S/o Late V. Subrhamanyam, Aged about 52, Occ: Welder, R/o D. No. 10-578, High School Road, East Guduru, Potti Sreeramulu Nellore District

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Punnam Sugunamma, W/o Chandraiah Naidu, Aged about 56, Occ: House Wife, R/o D. No. 3-191/2, High School Road, East Guduru Potti Sreeramulu Nellore District

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...PETITIONERS

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AND

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The Government of Andhra Pradesh, Rep by The Commissioner & Director Municipal Administration, Andhra Pradesh, Guntur, Guntur District.

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The Regional Director, cum Appellant Commissioner of Municipal Administration Guntur,

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flEtj ■

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The Gudum Municipality, Rep by its Commissioner. Guduru, Nellore 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, Order or direction more particularly^{oneinthenature} of Writ of Mandamus declare the proceedings vide Roc No. 8421/2013/N3-2, dt.11-06-2013 issued by the Respondent No-1 and there by Respondent No-3 trying to demolish the structures/buildings of the Petitioners high handedly without following due process of law, is illegal arbitrary, violation of Principles of Natural Justice and in violation of Article 14, 21 and 300-A of Constitution of India and consequently set aside the proceeding^{inRocNo.8421/2013/N3-} 2, dt.11-06-2013 of the Respondent no-1 and further direct the Respondents to conduct an enquiry.

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I.A. NO: 1 OF 2014fWVMP. NO: 341 OF 20141

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The Guduru Municipality, Rep by its Commissioner, Guduru, Nellore District

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...Petitioner/Respondent No.3/-do.

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S. Bhagyavathi, W/o S. Raja, Aged about 48 years, Occ; House Wife, R/o D. No. 3/191-3, High School Road, East Guduru, Potti^{SreeramuluNellore} District

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Machavolu Indrasena, W/o Ch. Sri Hari, Aged about 36 years, Occ: House Wife, R/o D. No. 3/191-2A, High School Road, East Guduru, Potti Sreeramulu Nellore District

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,■ / / / /

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Ganta Senhalatha, W/o Raju, Aged about 47 years, Occ: House Wife, R/o D. No. 3/191-3, High School Road, East Guduru, Potti^{SreeramuluNellore} District

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Maipali Venkataswarlu, S/o Polaiah Aged about 57 years, Occ: House Wife, R/o D. No. 3/191-4, High School Road, East Guduru, Potti Sreeramulu Nellore District

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Manju Saraswati, W/o Venkata Subbaiah Aged about 48 years, Occ: House Wife, R/o D. No. 10-5-3, High School Road, East Guduru, Potti Sreeramulu Nellore District

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Bondili Bhavani Bai, W/o Nagendra Singh Aged about 44 years, Occ: Business, R/o D. No. 10-58-4, High School Road, East Guduru, Potti Sreeramulu Nellore District

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Paperi Purushotnam, S/o Dovaswamy Sethi Aged about 63 years, Occ: Business, R/o D. No. 10-58, High School Road, East Guduru, Potti Sreeramulu Nellore District

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Soney Suhasini, W/o Ramachandriah Aged about 48 years, Occ: House Wife, R/o D. No.3/191-1, High School Road, East Guduru, Potti Sreeramulu Nellore District

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Gadimeli Anasuyamma, W/o G. Pullaiah Aged about 48, Occ: Business, R/o D. No. 3/197-18, High School Road, East Guduru, Potti Sreeramulu Nellore District

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V. Janardhana Chari, S/o Late V. Subrhamanyam, Aged about 52, Occ: Welder, R/o D. No. 10-578, High School Road, East Guduru, Potti Sreeramulu Nellore District

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12; Punnam Sugunamma, W/o Chandraiah Naidu, Aged about 56, Occ: House Wife, R/o D. No. 3-191/2, High School Road, East Guduru Potti Sreeramulu Nellore District

^ ■

...Writ petitioners

AND

The Government of Andhra Pradesh, Rep by The Commissioner & Director Municipal Administration, Andhra Pradesh, Guntur, Guntur District.

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The Regional Director, cum Appellant Commissioner of Municipal Administration Guntur.

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...Respondents/Petitioners & Respondents 1 & 2

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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 vacate the interim order passed by this Hon'ble^Court in WP No. 22814 of 2013 dt.31.07.2013.

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LA. NO: 1 OF 2013(WPMP. NO: 27986 OF 2013)

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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 stay all further proceedings in Roc No. 8421/2013/N3-2, dt.11-062013 of the 1 St Respondent including demolition of structures of the petitioners of their respective portions pending disposal of above Writ Petition.

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Counsel for the Petitioner: SRI. T.D.PANI KUMAR

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Counsel for the Respondents: R.JAYASHREE

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Counsel for the Respondents: GP FOR MUNCIPAL ADMNiSTRATIONA^AND

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URBAN DEVELOPMENT

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Counsel for the Respondents: B.D.MAHESWARA REDDY

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

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HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.22814 OF 2013

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S.Bhagyavathi, W/o S.Raja, Aged about 48 years, Occ: House wife, R/o D.No.3/191-3, High School Road, East Guduru, ' Potti Sreeramulu Nellore District and ten others.

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... Petitioners

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Versus

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The Government of Andhra Pradesh represented by the Commissioner & Director, Municipal Administration, Andhra Pradesh, Hyderabad and two others.

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... Respondents

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Counsel for the petitioners : Sri T.D.Phani Kumar

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Counsel for respondents : GP for MA85UD and Sri N.Ranga Reddy, standing counsel for Municipality

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:: ORDER ::

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The above writ petition is filed to declare the communication from the 2^^ respondent to the respondent to remove all the encroachments as specified in the enquiry report, as illegal and arbitraiy.

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Heard Sri T.D.Phani Kumar, learned counsel for the petitioner and Sri V.Sai Kiran Kumar, learned counsel

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-4*

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Page 2 of 4

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SRSJ WP No.22814/2013

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representing Sri N.Ranga Reddy, learned Standing Counsel for the 3rd respondent.

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As seen from the letter vide Roc.No.8421/2013/N3-2, dated 11.06.2013 addressed by the respondent to the^3rd respondent, the Regional Manager of Municipal Administration, Guntur has submitted a detailed report pursuant to the petition filed by one Smt.N.Seethamma^and P.Sujathamma, ZPHS Road, Gudur Municipality regarding encroachments in Gudur Municipality. The 2'^d respondent directed the 3rd respondent to note down all encroachments and to take steps for construction of Rain Water harvesting structures by following the procedure. Challenging the same, the above writ petition is filed.

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Learned counsel for the petitioners would submit that the petitioners are claiming absolute title over the properties have been residing therein since long time. In fact,^the houses of the petitioners are assessed to tax and they^have been paying tax.

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Learned Standing Counsel, on the other hand, would submit that pursuant to the interim order dated 31.07.2013,

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no demolition has been taken place. After conducting survey.

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Page 3 of 4

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SRSJ WPNo.22814/2013

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if any encroachments are found, the authorities will follow due procedure and till then the Gudur Municipality^willnot take any coercive steps against the petitioners.

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In view of the instructions on behalf of the 3^^ respondent that after conducting survey, if any encroachments are foundj the authorities will follow due procedure and till then the Gudur Municipality will^nottake any coercive steps against the petitioners, without going into other facts of the case, the Writ Petition is disposed of directing the learned Commissioner, Gudur Municipality to follow due process of law. If the authorities intend^toconduct survey, they shall issue notice to the petitioners^inadvance. No costs.

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As a sequel, pending miscellaneous petitions, if any.

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shall stand closed.

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//TRUE COPY//

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SD/- M. PADMALATHA ASSISTANT REGISTRAR [hy OFFICER

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To,

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The Commissioner & Director Municipal Administration,^Governmentof Andhra Pradesh, Andhra Pradesh, Hyderabad

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The Regional Director, cum Appellant Commissioner of Municipal Administration Guntur,

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/ / / ! / 7 / /

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The Commissioner, Guduru Municipality, Guduru, Nellore^District

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One CC to SRI T.D.PANI KUMAR Advocate [OPUC]

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One CC to SRI R.JAYASHREE Advocate [OPUC]

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Two CCs to GP for Muncipal Admnistration and Urban Development, High Court of Andhra Pradesh [OUT]

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One CC to Sri B.D.Maheswara Reddy, Advocate [OPUC]

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Two C.D Copies

MET

HIGH COURT

DATED:13/02/2024

ORDER WP.No,22814of 2013

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DISPOSING THE W.P WITHOUT COSTS

S. Bhagyavathi v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

S. Bhagyavathi v. The Government of Andhra Pradesh

Case brief

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