Sankabathula Vara Prasad, v. Greater Visakhapatnam Municipal Corporation,

HONOURABLE SRI J USTICE A.RAMALINGESWARA RAO WRIT PETITION No. 15383 of 2009 ORDER:

The petitioners claimed to have purchased the land to an extent of 250.8 square yards out of 1003.33 square yards each in Sy.No.9/5 and 6, Old Patta No.33, New Patta No.1110 of Chinawaltair Village of Visakhapatnam District by way of registered sale deed. It is stated that since the date of purchase, they have been paying the municipal tax. When they constructed a compound wall around the said property and a small shed in one corner to store the articles of the said property, the respondent authorities came to the site on 24.07.2009 and tried to demolish the compound wall. In those circumstances, the present Writ Petition was filed.

This Court by order dated 30.07.2009 while admitting the Writ Petition granted interim stay of demolition of the compound wall.

No counter affidavit is filed. However, the petitioner did not state with regard to obtaining of requisite permission from the respondent for construction of the compound wall and in those circumstances, the respondent authorities might have tried to demolish the compound wall. If no permission is obtained for construction of the compound wall, it is left open to the respondent to take action in according with law.

The Writ Petition is accordingly disposed of. It is made clear that till notice is issued to the petitioners, no action for demolition of the compound wall shall be taken by the respondent. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.

-------------------------------------------------- JUSTICE A.RAMALINGESWARA RAO DATED 1ST December, 2016.

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