High Court disposed this writ petition at the admission stage, directing municipal authorities not to demolish the petitioners' houses without following due process of law.
Directed respondent Nos.2 and 3 not to dispossess or demolish the listed houses in Proddatur without following due process of law.
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.
THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.20272 of 2016
ORDER:
Heard the learned counsel for the petitioners, the learned Government Pleader for Municipal Administration and Urban Development and Sri M.D.Saleem, learned counsel for respondent No.3. With the consent of both the counsel, the present writ petition is disposed of at the admission stage.
2. This Writ Petition is filed seeking to declare the action of the respondents in trying to dispossess/demolish the petitioners’ house bearing Nos.4-106/2, 4-106/3, 4-106-9, 4-106-8, 4-106-16, 4-106-17, 4- 106-10, 4-106-11, 4-106-12, 4-106-14, 4-106-15, 4-106-18, 4/67, 4-69-1, 4/56 and 4/6A & B situated in Nehru Road, Proddatur Town of Kadapa District, without issuing any notice or initiating acquisition or requisition proceedings, as arbitrary and illegal and consequently, direct the respondents not to demolish the aforesaid houses without following due process of law.
3. Though various grounds are raised in the writ petition, learned counsel for the petitioners restricts his prayer seeking a direction to respondent Nos. 2 and 3 not to take any coercive steps to dispossess/demolition of petitioners’ houses without following due process of law.
4. Learned Government Pleader for Municipal Administration and Urban Development submits that no action has been taken against the petitioners’ property without following due process of law.
5. Having regard to the circumstances stated above and without going into the merits of the case, the Writ Petition is disposed of directing respondent Nos.2 and 3 not to dispossess/demolish the petitioners’ house bearing Nos.4-106/2, 4-106/3, 4-106-9, 4-106-8, 4-106-16, 4-106-
17, 4-106-10, 4-106-11, 4-106-12, 4-106-14, 4-106-15, 4-106-18, 4/67, 4- 69-1, 4/56 and 4/6A & B situated in Nehru Road, Proddatur Town of Kadapa District, without following due process of law. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
________________________________ JUSTICE C. PRAVEEN KUMAR
JUNE 23, 2016 Note: Issue C.C.by tomorrow. (B/o) YVL
THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR
WRIT PETITION No.20272 of 2016
Date: 23.06.2016
YVL
1 issue framed by the court
Whether the High Court should direct the respondents not to demolish the petitioners' houses without following due process of law.
Petitioners
Municipal Administration and Urban Development
Respondent No.3
C. Praveen Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
