This court disposed of a writ petition challenging the violence the direction for demolition of petitioner houses. The court held that houses cannot be demolished except by following the due process of law.
No order as to costs.
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THE HON'BLE SRI JUSTICE P.S. NARAYANA
Writ Petition No.15331 of 2005
Date: 5th June, 2006
Between :-
1. Siripurapu Apparao, S/o. Guruvulu
2. Mahanti Eswararao, S/o. Appanna
3. Nekkalapudi Ramarao, S/o.Venkatakrishnaiah
4. Janapareddi Appanna, S/o. Ramulu
5. Gudla Venkateswararao, S/o. Basavaiah
6. Kandi Narayanarao, S/o.Candrunaidu
7. Kurimineni Narayanamma, W/o.Appalanaidu
8. Md.Ibrahim, S/o. Azzez
9. Sanapathi Appalaswamy, S/o.Appalaswamy
10. Ponnuri Venkatamma, W/o.Gangaiah 11. Korada Appanna, S/o.Pothaiah 12. Kandi Paparao, S/o.Chinna Appalanaidu 13. Reddy Maheswari, W/o. Suryanarayana 14. Gandikota Suramma, W/i/gokaraju 15. Vadapalli Ramu, S/o. Suryanarayana .. Petitioners
and
1. District Collector, Eluru, West Godavari
2. The Commissioner, Eluru Municipal Corporation, Eluru, West Godavari
3. Town Planning Officer,
4. Mandal Revenue Officer,
5. Rate Payers Welfare Association, Eluru
THE HON'BLE SRI JUSTICE P.S. NARAYANA
Writ Petition No.15331 of 2005
ORDER:-
1. Heard the Counsel.
2. The Writ Petition is filed for a Writ of Mandamus declaring the action of the respondents in directing demolition and removal of petitioners’ houses situated in Sy.No.69 in Santhinagar of Eluru Municipal Corporation is illegal, irregular and violative of the A.P.Municipalities Act and the rules framed thereunder and also offends Articles 14 and 21 of the Constitution of India and consequently direct the respondents not to demolish nor vacate the
petitioners from their respective houses and sites and pass such other suitable orders.
3. This Court made an interim direction in W.P.M.P.No.19480/2005 on 14-7-2005. W.V.M.P.No.448/2006 is filed to vacate the said interim direction.
4. In the light of the stand taken in the affidavit filed in support of the vacate application and also in the light of the averments made in the affidavit filed in support of the Writ Petition, this Court is of the considered opinion that the houses of the petitioners cannot be demolished except by following the due process of law. With the above direction, the Writ Petition is hereby disposed of. No order as to costs.
Justice P.S.Narayana
Date: 5th June, 2006
SMR
2 issues framed by the court
Whether demolition of petitioner houses can proceed without following due process of law.
Whether the action violates Articles 14 and 21 of the Constitution of India.
Siripurapu Apparao and others
District Collector, Eluru
Commissioner, Eluru Municipal Corporation
Town Planning Officer
Mandal Revenue Officer
Rate Payers Welfare Association
P.S. Narayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
