S. Hanumantha Rao, S/o. Late Sree Ramulu Vs The Government of Andhra Pradesh, rep.by its Principal

THE HON’BLE SRI JUSTICE K.C.BHANU

WRIT PETITION NO.23269 OF 2012

ORDER:

This writ petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus declaring the action of the respondents in highhandedly contemplating to demolish the shop and house of the petitioner situated in Sy.No.1749/4 and 1752, Plot No.C21 for an extent of 62 ankanams in ICS road, East Gudur, Gudur Town, SPSR Nellore District without notice as illegal and arbitrary and violative of Articles 14 and 300-A of the Constitution of India.

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It is averred that the petitioner has constructed the shop and house on the land as per the sanctioned plan issued by the Gudur Municipality on 5.1.1988; that thereafter as the mother of the petitioner expired, the petitioner applied to the 4^th respondent for transferring of the property in his favour and the same was done and the petitioner has been paying the tax regularly. Now, the grievance of the petitioner is that at the instance of 4^th respondent, the 2^nd respondent is trying to demolish the house of the petitioner on the ground that the land is required for Railway Over Bridge.

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Learned counsel for the petitioner submits that no notice was issued by the respondents before initiating any steps to demolish the house of the petitioner.

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After hearing the learned counsel for the parties, the writ petition is disposed of with direction to the respondents that in case the house of the petitioner is sought to be demolished, for Railway over bridge, they shall follow due procedure. Till such time, house of the petitioner shall not be demolished. No costs.

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K.C.BHANU, J

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DATED: 03-08-2012 Gk

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THE HON’BLE SRI JUSTICE K.C.BHANU

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WRIT PETITION NO.23269 OF 2012

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Date:03.08.2012

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Gk

S. Hanumantha Rao, S/o. Late Sree Ramulu v. The Government of Andhra Pradesh, rep.by its Principal

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S. Hanumantha Rao, S/o. Late Sree Ramulu v. The Government of Andhra Pradesh, rep.by its Principal

Case brief

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What the court decided

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