High Court for State of TelanganaWP/8378/2018disposed of no costs

K. Subramanyam v. The State Of Andhra Pradesh

2018-03-14B.Siva Sankara Rao1 pages

THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO Writ Petition No.8378 of 2018 ORDER :

Heard the learned counsel for the petitioner and the leaned Govt. Pleader for Municipal Administration for R.1 and Sri Md.Saleem, learned standing counsel for 2nd respondent-The Rayadurg Municipality from written instructions, and perused the prayer in the writ petition with supporting affidavit, the written instructions and the material on record.

2. The prayer in the Writ Petition reads as follows:- " To issue a writ of mandamus or any other appropriate writ order or direction declaring the action of 2nd respondent in attempting to demolish the petitioner's building D.No.8-3-345, Medara Street, Rayadurgam Town, Anantapur District for the purpose of road widening without issuing any notice and without following any procedure contemplated under law is illegal and arbitrary and consequentially direct the 2nd respondent not to demolish the petitioner's building bearing D.No.8-3-345, Medara Street, Rayadurgam Town, Anantapur District forthwith and to pass such other order or orders."

3. It is the supporting affidavit averment of the writ petitioner that the respondents are trying to take law into their hands without following due process of law under the guise of road widening to demolish the premises of the petitioner supra.

4. It is the submission of the learned standing counsel for 2nd respondent and the learned Govt. Pleader that the apprehension of the petitioner is baseless and that they if at all to acquire the private property of the petitioner for road widening, they follow due process of law.

5. By recording the above submission of the learned standing counsel and the learned Govt.Pleader, the Writ Petition is disposed of with a direction to the respondents not to interfere and dispossess the petitioner from his private property except through due process of law. Miscellaneous petitions, if any, pending shall stand closed.

_________________________ Dr. B.SIVA SANKARA RAO J, Date:14.03.2018 vvr