Sri Ramulula Rajaiah v. The Govt. Of Andhra Pradesh

HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.7366 OF 2011 ORDER:

Heard learned counsel for the petitioner and learned counsel for the respondents.

2.

The petitioner approached the Court seeking relief as follows:

"To issue a Writ of Mandamus declaring the action of the respondents 1 & 2 in taking up demolition of the petitioner house and compound wall bearing No.3-31/1 in Sy.No.201, Kumarapally Area Gunla Singaram Gram Panchayat, Hanmakonda Mandal, Warangal District without following due process of law under Revenue Laws, Municipal Laws etc as bad in law, illegal arbitrary and violative of Principles of natural justice and consequently allow the petitioner to enjoy the possession of his house bearing No.3-31/1 in Sy.No.201, Kumarapally Area Gunla Singaram Gram Panchayat, Hanmakonda Mandal, Warangal District without any hindrance what so ever and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

3.

This Court vide its interim order dated 22.03.2011 was pleased to grant interim stay in favour of the

petitioner in W.P.M.P.No.9183 of 2011 restraining the respondent Nos.1 and 2 from proceeding with the demolition of the petitioner's house and compound wall bearing No.3-31/1 in Sy.No.201, Kumarapally Area Gunla Singaram Gram Panchayat, Hanmakonda Mandal, Warangal District and the said orders are in force till as on date.

4.

Though the issue pertains to the year 2011, no counter affidavit has been filed by the respondents till as on date.

5.

Taking into consideration the above referred facts and circumstances and also the interim orders dated 22.03.2011 and the grievance of the petitioner as ventilated in the affidavit filed in support of the present writ petition, the writ petition is disposed of directing the respondent Nos.1 and 2 not to proceed with the demolition of the petitioner's house and compund wall bearing No.3-31/1 in Sy.No.201, Kumarapally Area Gunla Singaram Gram Panchayat, Hanmakonda Mandal, Warangal District, without following due process of law. However, there shall be no orders as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

__________________________________ MRS JUSTICE SUREPALLI NANDA Date:01.03.2023 Kgk

HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.7366 of 2011 Date:01.03.2023 kgk