WP/27101/2006 of Kotla Apparao, Vs The Commissioner, Tadepalligudem Municipality, on 29 December 2006

ORDER:

Heard Sri V.S.N.Sarma, learned counsel representing thewrit petitioners and Sri S.Nageswara Reddy, learned StandingCounsel representing the respondent-municipality. Thematter is coming up for admission today.

2. The writ petition is filed for a writ of Mandamus directing the respondent to follow the guidelines issued by the Division Bench ofthis Court dated 03.2.1998 made in W.P.No.20884 of 1997 andbatch and further direct the respondent to follow due process oflaw before ordering demolition of buildings of the petitionersbearing Municipal Door Nos.3-2-1/1, 3-11-48, 3-2-3/1, 3-2-5/1, 3-2-5/2, 3-33-12/2, 3-2-14, 3-2-6/A, 3-3-7/1 and 3-15-8respectively, situated at Kothibomma Road, Subbaraopeta,Tadepalligudem, West Godavari District for the purpose of roadwidening and pass such other suitable orders.

3. It is stated that the respondent had given a notice to thebuilding owners on 4.12.2006. It is stated that the municipalityconducted a survey and had given markings to the buildings of thepetitioners on 20.12.2006. The order made by the learned DivisionBench of this court in W.P.No.20884 of 1997 and batch dated03.2.1998 also had been referred to. Several factual details arenarrated in paragraphs 2 to 5 of the affidavit filed in support of thewrit petition.

4. In the light of the facts and circumstances explained, it isneedless to say that the respondent is bound to follow due processof law before taking up any further demolition activity.

5. In view of the same, the writ petition is disposed of directingthe respondent not to resort to any further demolition activityunless and until due process of law is followed.

6. The writ petition is disposed of accordingly. No order as tocosts.

Date: December 29, 2006.

Note:Issue C.C. by two days. //B.O.//BSB

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(P.S.NARAYANA, J.)