Jaganadham Sujatha v. The Government Of Andhra Pradesh

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.22675 of 2014 ORDER:

The petitioner prays for Mandamus declaring the action of respondents in demolishing dwelling shed of the petitioner situated near Vagu, Rallamadugu, Darsi Road, Podili, Prakasam District, without recourse to law, as illegal, arbitrary and unconstitutional.

On 07-08-2014, this Court directed the respondents not to demolish the subject shed without following due process of law.

The 2nd respondent filed counter affidavit explaining how the shed is an objectionable encroachment and the respondents are contemplating to take action. The existence of shed and the possession of petitioner are not disputed. That being the case, this Court is of the view that the writ petition can be disposed of by making the interim order as final order.

Therefore, the 2nd respondent, if intends to demolish the shed or dispossess the petitioner, is given liberty to follow the procedure stipulated by law in this behalf and proceed accordingly.

The petitioner is given liberty to represent to 2nd respondent for allotting a plot in the on-going welfare

schemes subject to petitioner's entitlement and eligibility and a comprehensive decision is taken by the 2nd respondent. The writ petition is disposed of accordingly. No order as to costs.

Miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

_____________ S. V. BHATT, J Dt: 13-03-2017 Prv