Arra Ehwaraiah v. The Siddipet Municipality

HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.1551 of 2020 ORDER:

Heard the learned counsel for the petitioner as well as the learned Standing counsel for the respondent - Municipality.

The prayer sought in the writ petition is as under: "... to issue appropriate writ, order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondent in threatening to demolish the houses bearing number H.No.18-13-33/1a in Sy.No.1871 to the extent 610 square yards situated at GHandhi Nagar, NGO's Colony, Prashanth Nagar, Siddipet, Mandal Siddipet, Siddipet District, Telangana State as illegal, arbitrary, unwarranted and unreasonable and further violative of fundamental rights guaranteed under Article 14 and 21 of the Constitution of India and consequently direct the respondent not to interfere into the peaceful possession of the subject property of the petitioner."

The specific case of the petitioner is that the respondent Municipality is threatening to demolish his house bearing number 18-13-33/4A in Sy.No.1871 without following due process of law.

Learned Standing counsel appearing for the respondent - Municipality placed on record a Xerox copy of the panchanama dated 29.12.2016 and submits that the respondent Municipality, as of now, has not entered into the premises of the petitioner. If at all, any action is to be taken, the respondent Municipality will issue notice and after following due process of law, action will be taken. Having heard both the counsel, particularly, in the light of the submission made by the learned Standing counsel, the

writ petition is disposed of, directing the respondent Municipality not to demolish the petitioner's house bearing number 18-13-33/4A without following due process of law. No order as to costs.

Miscellaneous petitions, if any, shall also stand disposed of.

_____________________ P. KESHAVA RAO, J Date: 24.01.2020.

Note: Issue C.C. today.

ES