Gubbala Musalaiah, v. The State Of Andhra Pradesh

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.281 OF 2015 O R D E R :

This petition is filed seeking a Writ of Mandamus declaring the action of the respondents in trying to demolish the petitioner's hut, in which he is running tea stall, as illegal and arbitrary and for a consequential direction to the respondents to follow the orders passed by this Court in W.P.No.933 of 1997 dated 18.09.1997. The case of the petitioner is that he is resident of Mula Upparagudem village, Kalindi Mandal, Krishna District and was running a teal stall in the same since 30 years. It is also stated that earlier in the year 1997, when the authorities tried to interfere with petitioner's possession, he filed W.P.No.

933/1997 before this Court and this Court granted interim orders and later the same was disposed of directing the respondents "to issue a notice to the petitioner under Section 98 of Panchayat Raj Act and take further steps after taking into consideration any representation made by the petitioner. Until appropriate orders are made under that Section, the petitioner shall not evicted". It is further stated that again the authorities are trying to demolish the petitioner's tea stall without following the orders passed by this Court in the earlier writ petition filed by the petitioner. Aggrieved by the same, the present writ petition is filed.

Heard the learned counsel for the petitioner. The learned Standing counsel for the respondents authorities submits that the respondent authorities will follow the due process of law before initiating any action against the petitioner.

In view of the submission made by the learned Standing

counsel for respondents, this writ petition is disposed of directing the 4th respondent to follow the due process of law before initiating action against the petitioner's property. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending, shall stand closed.

____________________________ A.RAJASHEKER REDDY, J 04.03.2015 dv HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY

WRIT PETITION No.3747 OF 2015 Date: 23.02.2015 tk