Disposing of writ petitions seeking an injunction against demolition of petitioners' houses marked by respondents, directing them to follow due process of law before dismantling premises alleged to encroach government land.
Direction to respondents not to demolish further the subject premises 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.
HON’BLE SRI JUSTICE Dr. B. SIVA SANKARA RAO
WRIT PETITION Nos.4754 and 5134 of 2018
COMMON ORDER:
These writ petitions are filed under Article 226 of the
Constitution of India, seeking the following reliefs:
W.P.No.4754 of 2018 :
“ …..to issue an order or orders or direction more particularly one in the nature Writ of Mandamus declaring the action of the 2nd and 3rd respondents in making marks to the houses of the petitioner bearing No.24-18 and 24-19 at Malawada, Wanaparthy Town and District, for the purpose of demolition, though the said houses were constructed strictly in accordance with the municipal sanction approved plans and further though the petitioner have already submitted their title documents and construction permission to the respondents for the purpose of verification and further though the representation dated 15-05-2017 is pending as against the notice issued by the 2nd respondent in File No.G1/ 18/ 2017, dated 11-01-2017, as illegal, unlawful, contrary to law and consequently direct the respondents not to undertake any kind of demolition of the houses of the petitioner without following due process of law, and pass such other order orders….”
W.P.No.5134 of 2018 :
“ …..to issue an order or direction more particularly one in the nature Writ of Mandamus declaring the action of the 2nd and 3rd respondents in making marks to the houses of the petitioner bearing No.24-20 and 24-21 at Malawada, Wanaparthy Town and District, for the purpose of demolition, though the said houses were constructed strictly in accordance with the municipal sanction approved plans and further though the petitioner have already submitted their title documents and construction permission to the respondents for the purpose of verification and further though the representation dated 17-01-2017 is pending as against the notice issued by the 2nd respondent in File No.G1/ 18/ 2017, dated 11-01-2017, as illegal, unlawful, contrary to law and consequently direct the respondents not to undertake any kind of demolition of the houses of the petitioner without following due process of law, and pass such other order orders….”
respective writ petitions, learned Government Pleaders for Municipal Administration and Revenue for respondent Nos.1 and 4 respectively and Sri N.Praveen Kumar, learned Standing Counsel for respondent Nos.2 and 3 and perused the prayer in the writ
2
petition with supporting affidavit and the other material on record including the written instructions placed by the learned Standing Counsel for respondent Nos.2 and 3
___________________________ JUSTICE Dr. B.SIVA SANKARA RAO
Date: 16.02.2018
Note: Issue C.C. in three days. B/ o. pab
2 issues framed by the court
Whether the demolition of petitioners' houses measured and marked without following due process of law can be restrained as illegal.
Whether the respondents' action in making marks for demolition despite verified construction permissions violates Article 226 protections.
1 provisions across 1 enactments
Petitioners
Municipal Administration and Revenue
Respondents 2 and 3 (Standing Counsel represented)
Dr. B. SIVA SANKARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
