Shaik Jeelani, v. Srikalahasthi Municipality,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.13148 OF 2016

O R D E R

Heard Sri C.Subodh, learned counsel for the petitioners, and Sri Md. Saleem, learned standing counsel for Srikalahasthi Municipality. The prayer of the petitioners in this case is as under: 'For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue writ of mandamus or any other appropriate writ or direction declaring the action of the respondent in threatening to demolish the structures bearing D.No.7/272 and D.No.7-273 situated at P.N.Road, Nagarchi Pallem, Srikalahasthi, Chittoor District without following the due process of law and without issuing notice as illegal, arbitrary and violative of article 300A of the Constitution of India, and pass such other or further orders as the Hon'ble Court feels deem fit and proper in the facts and circumstances of the case.'

Documents were filed by the petitioners evidencing their possession. In that view of the matter, it would not be open to the municipal authorities to take any coercive steps in relation to the structures raised by the petitioners in the subject property without abiding by the due procedure. The writ petition is accordingly disposed of directing Srikalahasthi Municipality not to interfere with the structures situated in the subject property except in accordance with the due procedure laid down by law. Pending miscellaneous petitions shall stand closed in the light of this final order. No order as to costs.

______________________ SANJAY KUMAR, J 19th APRIL, 2016 Note: Issue C.C. by today.

B/o PGS