Md. Ibrahim v. The State Of Andhra Pradesh

HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION NO.33248 OF 2018 O R D E R :

This Writ Petition is filed under Article 226 of the Constitution of India seeking mandamus to declare the action of the respondents in taking steps to demolish the structures belonging to the petitioners in Assessment No. 40986/A, 40986/C and Assessment Number 40987/C [D.No. 54-4-22] situated at Plot No. 34, Block No. E-25, 3rd Cross Auto nagar, Vijayawada, without following due process of law, as illegal, arbitrary, contrary to law and violative of the principles of natural justice and consequently to direct the respondents not to demolish the structures belonging to the petitioners in the above assessment numbers and to pass such other suitable orders as this Court may deems fit and proper in the circumstances of the case.

2. Heard Sri T.V.P. Sai Vihari, learned counsel for the petitioners and the learned Government Pleader for Municipal Administration and Urban Development for the respondents.

3. It is submitted by the learned standing counsel for the fifth respondent-municipal corporation that the respondents 2, 3 and 5 are undertaking construction for widening of drainage channel. It is further submitted by the learned standing counsel that if the

petitioners structures are required for any public purpose, due process of law will be followed by issuing notice to the petitioners.

3. Recording the said submission, the writ petition is disposed of at the stage of admission. No costs.

4. As a sequel, miscellaneous petitions if any, pending in this writ petition shall stand closed.

________________________ JUSTICE A .V . SESHA SAI 17-09-2018 I s L

HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION NO.33248 OF 2018 Circulation No.

Date:17-09-2018 Court Master : I s L