Sanaboina Manohar, v. The State Of Andhra Pradesh Rep., By Its Principal Secretary

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.14037 OF 2015 Between :

Sanaboina Manohar S/o. S.Tirupal, Aged about 49 years, Occu: Business, R/o.Door No.15/1034, Madamidipalli Street, Proddatur Town, YSR District.

... Petitioner and The State of Andhra Pradesh, rep.by its Principal Secretary, Municipal Administration Department, Secretariat Buildings, Hyderabad and another. ... Respondents

The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.14037 OF 2015 ORDER:

Petitioner claims to be the owner of the house bearing Door No.15/1034, admeasuring 2361⁄4 square yards in Modamidipalli Street, Proddatur Town, Y.S.R.District.

2. There is existing road of 20 feet width in the colony in which petitioner's house is located. The case of the petitioner is that on 29.04.2015, officials of the 2nd respondent-municipality inspected the area and put up markings of 5 feet depth on the house of the petitioner indicating that to that extent the house would be demolished. Aggrieved thereby, this writ petition is instituted.

3. The grievance of the petitioner is that without following due process of law such markings are made for the purpose of demolition and respondents are taking steps to undertake demolition of the property of the petitioner.

4. Learned standing counsel, on instructions, submits that only marking was made for identification of the properties and the extent which required for demolition, but no further steps were taken to demolish the property of the petitioner. The respondent municipality shall follow due process of law before undertaking the exercise of widening of the road by demolishing of the property

located in the area.

5. Having regard to the said statement of the learned standing counsel, writ petition is disposed of directing the respondent municipality not to demolish the property of the petitioner without following due process of law. There shall be no order as to costs.

Miscellaneous petitions if any pending in the writ petition shall stand closed. ____________________________ JUSTICE P.NAVEEN RAO kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO

Writ Petition No.14037 of 2015 kkm