K.Neelakanta v. The Kalyandurg Gram Panchayat

THE HON'BLE SRI JUSTICE RAJA ELANGO Writ Petition No.29115 of 2008 ORDER:

The first petitioner claims to be owner and also residing in D.No.8/1115, near Bangalore Bakery, Kalyandurg, Anantapur District. The second petitioner claims to be owner and also residing in D.No.8/223, near T.Circle, Kalyandurg, Anantapur District. The third petitioner claims to be owner and also residing in D.No.8/1114, near Bangalore Bakery, Kalyandurg, Anantapur District. When the Gram Panchayat authorities tried to demolish the subject buildings, the petitioners filed the instant writ petition and this Court by order dated 31.12.2008 in WPMP.No.38048 of 2008 in W.P.No.29115 of 2008, stayed the demolition.

The learned counsel for the petitioners submits that though an order of stay is subsisting, the respondent - authorities tried to demolish the subject buildings without prior notice. Heard the learned Counsel for the petitioners and Sri Md.Saleem, learned Standing Counsel for the Kalyandurg Municipality.

Sri Md.Saleem, learned Standing Counsel for the Kalyandurg Municipality, submits that the respondent is trying to demolish the structures raised on the road, and had not interfered with the construction raised in the land belonging to the petitioners. He further submits that the respondent would follow due process of law and, thereafter, take action, and the respondent would also consider the objections, if any, filed by the petitioners. The Writ Petition is, accordingly, disposed of directing the respondent to follow due process of law before taking any action. Miscellaneous petitions pending, if any, shall also stand disposed of. However, in the circumstances, without costs.

______________________ JUSTICE RAJA ELANGO 31st March, 2015 skmr