Citizen challenged Mandal Revenue Officer removing building components without notice or hearing. Court held allegations established due to non-traverse and allowed writ petition.
Writ of mandamus allowing construction; costs of Rs.10,000 awarded against respondent.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE GODA RAGHURAM
WRIT PETITION NO : 13041 of 2004
Between:
P. Devender Reddy S/o Narayan Reddy R/o Bhupal Palli Village & Mandal, Warangal District
..... PETITIONER
AND
The Mandal Revenue Officer, Bhupal Palli Village & Mandal, Warangal District
.....RESPONDENT
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, order or direction particularly one in the nature of Writ of Mandmaus declaring the action of the respondent in preventing thepetitioner from construction of his building as per the plan sanctioned and permission granted by the Gram Panchayat, Bhupal Palli without any reason, issue of notice or opportunity of hearing as totally illegal, without jurisdiction and violative of articles 14, 19 (1)(g) amd 300-A of the Constitution and consequently direct the respondent not to interfere with the construction of the building by the petitioner except in accordance with law and
Counsel for the Petitioner:MR.S.LAKSHMA REDDY
Counsel for the Respondent No.: GP FOR REVENUE
The Court made the following :
THE HONOURABLE SRI JUSTICE GODA RAGHURAM
W.P.NO.13041 OF 2004
ORAL ORDER
A citizen and resident of Bhupal Palli village and Mandal Warangal District has filed the writ petition alleging that the respondent-Mandal Revenue Officer, Bhupal Palli without reason, notice, opportunity or any legal authority and in violation of the petitioner’s rights under Article.14, 19 and 300-A of the Constitution has come on to the property in an extent of Ac.1.00 in Sy.No.306 of Bhupal Palli Village took away the window frames and doors of his house being constructed by the petitioner after obtaining building permission from the Grama Panchayat concerned. Though the MRO, Bhupal Palli, the sole respondent has been served notice in the writ petition no counter-affidavit has been filed in this writ petition filed on 23-07-2004.
In view of the non-traverse by the respondent of the allegations in the writ petition the allegations of unlawful and arbitrary conduct by the respondent in abuse of the official position must be considered as having been established. Consequently the writ petition is allowed with costs of Rs.10,000/-(Rupees Ten Thousand only) payable by the respondent to the petitioner. A copy of this order shall be marked to the District Collector, Warangal who may cause appropriate proceedings to be initiated for recovery of this amount from the officer concerned by appropriate proceedings.
_________________ GODA RAGHURAM,J
24TH APRIL,2008 TSNR
3 issues framed by the court
Whether the respondent acted without jurisdiction and in violation of petitioner's constitutional rights by removing window frames and doors.
Whether the petitioner is entitled to a writ of mandamus directing the respondent not to interfere with the construction.
Whether to allow the writ petition in the absence of a counter-affidavit from the respondent.
2 provisions across 1 enactments
P. Devender Reddy
The Mandal Revenue Officer, Bhupal Palli
Goda Raghuram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
