Dalari Yedukondalu v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.46383 of 2018 ORDER:

1) Heard learned counsel for the petitioner and Sri Nimmagadda Venkateswara Rao, learned Standing Counsel for Municipality. With their consent the writ petition is disposed of at the admission stage.

2) The present Writ Petition came to be filed seeking issuance of writ of mandamus declaring the action of the respondents in obstructing the construction made by the petitioner at D.No.390/1A1, admeasuring 33.33 square yards or 27.867 square meters situated at Vinukonda village, Vinukonda Municipality, Guntur District, without following due process of law, as illegal and arbitrary.

3) Though various grounds are raised, learned counsel for the petitioner would submit that the interference by the authorities by obstructing the construction made by the petitioner, without following due process of law, is improper and incorrect.

4) Learned Standing Counsel would contend that any action to be taken by the authorities, if the said construction is found to be illegal, would only be in accordance with law.

5) In view of the submission made, the Writ Petition is disposed of directing the respondents not to interfere with the construction made by the petitioner at D.No.390/1A1, admeasuring 33.33 square yards or 27.867 square meters situated at Vinukonda village, Vinukonda Municipality, Guntur District, without following due process of law. 6) 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: 20.12.2018 vhb