Disposed

J.Guruvaiah v. the Eo P.Raj Sirvel Mandal and Another

Telangana HC16 Jun 2004WP/11595/1999

Case brief

AI extract

What is this about?

Petitioner filed a writ petition challenging the demolition of his house without notice as illegal and violating natural justice. The court ordered a stay on demolition prior to this order and disposed of the petition directing respondents not to dispossess or demolish the house without following due procedure and issuing notice.

What did the court decide?

Respondents directed not to dispossess nor demolish the house without following due procedure and without issuing notice to the petitioner.

J.Guruvaiah Vs the Eo P.Raj Sirvel Mandal and Another — Property and Title | Telangana HC (2004)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY WRIT PETITION NO : 11595 of 1999

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Between:

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Jinka Guruvaiah, S/o Nadipi Ramaiah, aged 65 years, Agriculture, R/o Gumparamannedinne village, Sirivel Mandal, Allagadda Taluk, Kurnool District.

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..... PETITIONER

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AND

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1. The Executive Engineer, Office of the Panchayat Raj, Sirvel Mandal, Kurnool District.

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2. Shaikshavali Reddy, father’s name not known, 28-774-B11, NGO Colony, Nandyal, Kurnool District. (WP was dismissed for default against R-2 by order dt. 7-3-2003)

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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 herein the High Court will be pleased to issue a writ, direction or order particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No.1 in not causing notice to the petitioner before taking decision, if any, of demolition of the petitioner’s house bearing House No.1-15 Gumparamanedinne village, Sirivel Mandal, Allagadda Taluk, Kurnool District as illegal, arbitrary, against the principles of natural justice and contrary to Arts.14,21 and 300-A of Constitution of India and direct the respondent No.1 to follow due process of law before demolition of house of the petitioner giving the petitioner an opportunity to file explanation and direct the respondents to consider explanation of the petitioner judiciously in the interest of justice.

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Counsel for the Petitioner: MRCHETLURU SREENIVAS

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Counsel for the Respondent No.1 : GP FOR PANCHAYAT RAJ & RURAL DEV.

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The Court made the following :

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ORDER:

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The petitioner claiming to be the owner of house bearing D.No,.1-15 situate at Gumparamanndinne village having succeeded on the death of his father filed the present writ petition stating that the second respondent who is a contractor working under the first respondent is trying to demolish the house of the petitioner without issuing any notice.

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While issuing notice before admission, this court stayed the demolition.

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In spite of service of notice, the first respondent has not filed any counter. Writ petition against R-2 has been dismissed for default by order of this court dt. 7-3-2003.

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Having regard to the facts and circumstances of the case, without following due procedure and without issuing notice, the respondents shall not dispossess nor demolish the house bearing D.No.1-15 situate at Gumparamanndinne village, Allagadda Mandal, Kurnool District.

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With the above direction, the writ petition is disposed of. No costs.

.ASST. REGISTRAR

// TRUE COPY //

SECTION OFFICER

1. 1. The Executive Engineer, Office of the Panchayat Raj, Sirvel Mandal, Kurnool District.

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2. 2CCs to the GP for Panchayat Raj & Rural Development, High Court Buildings, Hyderabad (OUT) . 3. 2 CD copies

J.Guruvaiah v. the Eo P.Raj Sirvel Mandal and Another

Case brief

What is this about?

What did the court decide?

J.Guruvaiah v. the Eo P.Raj Sirvel Mandal and Another

Case brief

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What the court decided

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