M/S. Vavilapalli Associates v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.42582 of 2016 ORDER:

This writ petition under Article 226 of Constitution of India is filed seeking to declare the action of the 2nd respondent in interfering with the petitioner's construction activity in an extent of 534 square yards or 445.91 square meters in Plot Nos.13 & 14 in Survey No.47, situated in Muralinagar, Madhavadhara, within the limits of Greater Visakhapatnam Municipal Corporation, Visakhapatnam District, without issuing any notice, opportunity and enquiry whatsoever, as illegal and arbitrary and consequently to direct the 2nd respondent not to interfere with the petitioner's aforesaid construction activity. Heard and perused the material available on record. The case of the petitioner is that the petitioner is the absolute owner and possessor of the house site in Plot Nos.13 & 14 in Survey No.47, to an extent of 534 square yards or 445.

91 square meters, situated in Muralinagar, Madhavadhara, within the limits of Greater Visakhapatnam Municipal Corporation, Visakhapatnam District. The main grievance of the petitioner is that the 2nd respondent is interfering with the petitioner's construction activity in the subject property. It is represented by the learned Standing Counsel for the 2nd respondent that the subject property belongs to the 2nd respondent temple and that without there being any permission from the 2nd respondent temple or without obtaining any sanctioned plan, the petitioner is trying to construct the house.

Considering the grievance of the petitioner and the submissions of the learned Standing Counsel for the 2nd respondent, the petitioner is directed to obtain permission for construction in the subject property and shall also obtain sanctioned plan with regard to the construction of

house in the subject property and the 2nd respondent is directed not to interfere with the petitioner's construction activities, without following the due process of law.

Accordingly, the Writ Petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. ___________________ RAJA ELANGO,J Date: 7th December, 2016 KL