Mudigonda Ramakrishna, Vijayawada, And 6 Otrs. v. The State Of A.P.,Mun.Admn.,Hyd.,And 3 Otrs.
THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.21217 of 2016 ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioners seeking the following relief: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue an order or orders or direction or a writ one in the nature of Writ of Mandamus to issue any writ, order or direction more particularly a Writ in the nature of Mandamus declaring the action of Respondents particularly respondent nos.2 & 3 in trying to demolish the Petitioner's houses/ buildings situated at D.No.41- 21-57 (Plot No.158A) an extent of 58 Sq.yds, D.No.41-21-59 (Plot No.158D) an extent of 26 Sq.yds, D.No.41-21-57B (Plot No.158A) an extent of 58 Sq.yds, D.No.41-21-1, an extent of 60 Sq.yds, D.No.41-21-67 (Plot No.157C) to an extent of 60 Sq.yds, D.No.41-21-58 and D.No.
41- 2167 to an extent of 56 Sq.yds respectively at Bramarambapuram, Krishna Lanka, Vijayawada, without issuing any notice or following the procedure contemplated under law and without issuing any Land Acquisition Proceedings is arbitrary, illegal and violative of Article 14, 19 & 21 of the Constitution of India and also violation of principles of natural justice and consequently direct the respondents not to demolish the petitioners houses/buildings without following the due procedure contemplated under law and to pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances of the case." (Reproduced verbatim) 2.
I have heard the submissions of Sri Kiran Tirumalasetti, learned counsel appearing for the petitioners, the learned Government Pleader for Municipal Administration and Urban Development appearing for the 1st respondent, Sri T.S. Venkata Ramana, learned Standing Counsel appearing for the 2nd respondent, learned Government Pleader for Revenue appearing for the 3rd respondent, and of Smt. Jagarlamudi Koteswari Devi, learned Standing Counsel appearing for the 4th respondent. I have perused the material record.
MSRM, J W.P.No.21217 of 2016 3.
Both the counsel for the parties are in agreement that the issue involved in the present writ petition is squarely covered by the orders of this Court, dated 01.09.2017, in W.P.Nos.16899 of 2017 & batch and that, therefore, this writ petition can be disposed of on same lines.
4.
In view of the submissions and the earlier orders of this Court and for the reasons alike as were mentioned in the earlier orders of this Court in the afore-stated batch of writ petitions, this Writ Petition is also disposed of on the same terms.
Office is directed to enclose a copy of the order, dated 01.09.2017, passed in W.P. Nos.16899 of 2017 & batch to this order. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed. ____________________________________ JUSTICE M. SEETHARAMA MURTI Date: 30th November, 2017 KL
MSRM, J W.P.No.21217 of 2016 THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.21217 of 2016 Date: 30th November, 2017 KL