Petitioner challenged attempts to demolish her owned house at Visakhapatnam. The High Court dismissed the petition in toto but directed the Corporation to follow the due process of law before demolishing the house.
Directed Respondent No. 1 to follow the due process of law if the house is required to be demolished.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 9192 of 2008
Between:
Smt. K.Aruna Kumari, W/o. Sri Venkatasatyanarayana, R/o. H.No.65-6-407/4, Mulagada Housing Colony, Visakhapatnam, Visakhapatnam district.
..... PETITIONER
AND
1 The Greater Visakhapatnam Municipal Corporation, Visakhapatnam, 2 The Mandal Revenue Officer,(Tahasilder), Visakhapatnam, Mandal and District.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in threatening for demolition of the house bearing municipal No.65-6-407/4, Malagada Housing Colony, Visakhapatnam, without following due process of law as illegal, arbitrary, violative of principles of natural justice apart from being violative of Article 300-A of Constitution of India and direct the respondents not to disposes the petitioner from the above house without following due process of law.
Counsel for the Petitioner: MR.AKKAM ESHWAR
Counsel for the Respondent No.1: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP)
The Court made the following :
ORDER:
This writ petition has been filed by Smt.K.Aruna Kumari assailing the action of the respondents in making attempts to demolish the house bearing Municipal No.65-6-407/4, Mulagada Housing Colony,
Visakhapatnam, owned by her, without following the due process of law. 2. The petitioner is the owner and possessor of the house, in an extent of 45 sq. yards, bearing Municipal No.65-6-407/4 situated at Mulagada Housing Colony, Visakhapatnam. She apprehends demolition of the house by the respondents without following the due process of law.
3. When the writ petition came up for admission, learned Standing Counsel appearing for the 1st respondent-Corporation, on instructions, submits that in the event of the house bearing Municipal No.65-6-407/4, situated at Mulagada Housing Colony, Visakhapatnam, is required to be demolished, the 1st respondent-Corporation will follow the due process of law.
4. In that view of the matter, the writ petition is disposed of at the admission stage directing the 1st respondent-Corporation to follow the due process of law in the event of the house bearing Municipal No.65-6407/4, situated at Mulagada Housing Colony, Visakhapatnam, is required to be demolished. No costs.
______________________ B.SESHASAYANA REDDY, J. Date:09th July, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies
Form-NIC-OGS/WP{RS}
2 issues framed by the court
Whether the petitioner is entitled to a writ of mandamus to prevent demolition of her house without following due process of law.
Whether the petitioner was correctly granted a direction to follow the due process of law.
2 provisions across 1 enactments
Smt. K.Aruna Kumari
The Greater Visakhapatnam Municipal Corporation
The Mandal Revenue Officer
B.Seshasayana Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
