M/S B.N.R.Constructions v. Municipal Corporation, Ananthapur

WRIT PETITION No. 34432 of 2016 Date : 8.11.2016 Between :

M/s. BNR Constructions Vidyut Nagar, Anantapur Rep by its Partner B Reddappa Reddy S/o B Lakhmanna R/o D No. 12/4/70, 80 ft Road Anantapur Petitioner And Municipal Corporation, Anantapur Rep by its Commissioner and others Respondents The Court made the following:

WRIT PETITION No.34432 of 2016 ORAL ORDER:

This writ petition is filed seeking the following relief: "Issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring the action of Respondents in seeking to dispossess the petitioner from the property admeasuring Ac.7.75 cents in T S No. 2012, 2143 and 2677 (popularly known as Missamma Compound) situated at Ananthapur Town and District, within the limits of first respondent Corporation, as wholly illegal, arbitrary, without jurisdiction, violative of Arts. 14, 16, 21 & 300-A of Constitution of India and also abuse of process of law and to consequently direct the Respondents to forthwith restrain from interfering with the peaceful possession and enjoyment of the petitioner firm over the above property; Award costs and pass"

2.

Learned counsel for petitioner submits that illegally respondent corporation is trying to interfere with the peaceful possession and enjoyment of the petitioner's property; hectic efforts were made in presence of Mayor of the corporation to clean the property and to construct the water tank, even though Revenue authorities have informed the Mayor that it is a private property and no such construction can be taken up.

3.

Learned standing counsel for respondent corporation submits that because of the interim orders granted by this Court, no further action was taken up. As reflected from the photograph filed at page 51 of the writ petition, water tank work was under construction. However, in order to wriggle-out of the interim order of this Court, in the counter affidavit, it is stated that in order to remove the bushes and boulders near to the petitioner's site, on demand made by the local residents, JCB was used and there was no intention to interfere with the property of the petitioner.

4.

Since respondents admit that they have no intention to interfere with the peaceful possession of property of the petitioner, writ petition is disposed of with a direction to the respondent corporation not to interfere with the possession and enjoyment of the petitioner's property without following the due process of law, if at all his property is required for public purpose. No costs. Having regard to the same, miscellaneous petitions, if any pending, are closed. ______________ P NAVEEN RAO,J DATE:8.11.2016 TVK

WRIT PETITION No. 34432 of 2016 Date : 8.11.2016