Love-N-Care Ministries v. Greater Visakhapatnam Municipal Corporation

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 43714 of 2018 ORDER:

1) Heard.

2) The present Writ Petition came to be filed seeking issuance of writ of mandamus declaring the action of respondents in seeking to demolish the structures raised by the petitioner, in Survey Nos.13, 14 and 18 of Pothina Mallayya Palem village, Visakhapatnam rural mandal, Visakhapatnam district, which were constructed after obtaining sanction from the competent authority, as arbitrary and illegal.

3) Though various grounds are raised, the grievance of the petitioner appears to be that the respondents are trying to interfere with the constructions made by the petitioner, but the same is disputed by the learned Standing Counsel stating that the petitioner approached this Court only with an apprehension that the respondents would demolish the structures raised, and that the structures raised would not be disturbed without following due process of law, if required. However, he pleads that the petitioner shall not cause obstruction in the 24 feet road lying by the side of the said building. The same is not disputed by the learned counsel for the petitioner.

the petitioner, except in accordance with law. At the same time, the petitioner shall not cause any obstruction on the 24 feet road, which is by the side of the subject building. 5) There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending if any, shall stand closed. _______________________________ JUSTICE C. PRAVEEN KUMAR Dt: 05.12.2018 vhb