Telangana High Court
WP/28136/2008 of Shaik Intiaz Sharif, Vs State of Andhra Pradesh, on 24 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.28136 of 2008 Between: 1 Shaik Intiaz Sharif, S/o. B.S.Mahammod, R/o.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION No.28136 of 2008
Between:
1 Shaik Intiaz Sharif, S/o. B.S.Mahammod, R/o. Woodnagar, Chirala, Prakasam District.
2 S.Nadimuddin, S/o. Raheemuddin,
R/o. Thamospet, Chirala, Prakasam District.
3 A.Brahmananda Reddy, S/o. Tathi Reddy, Opp Naz Theatre, Station Road, Chirala,Prakasam District.
4 Are Subba Reddy, S/o. Raghava Reddy,
R/o. Naz Theatre, Station Road, chirala, Prakasam District.
5 A.Sudhakar Reddy, S/o. Tathi Reddy,
R/o. Opp Naz Theatre, Station Road, Chirala, Prakasam District.
AND
..... PETITIONERS
1 State of Andhra Pradesh, Rep by its Principal Secretary to Municipal Admn., andUrban Development Department, Secretariat, Hyderabad.Urban Development Department, Secretariat, Hyderabad.
2 Chirala Municipality Rep by its Commissioner, chirala, Prakasam District.
3 Chairperson, Chirala Municipal Council, Chirala, Prakasam District.
4 Sub-Divisional Police Officder, Chirala, Prakasam District.
5 Sub Inspector of Police, Chirala I Town Police Station, Chirala, Prakasam District.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ ofMandamus declaring the action of the respondents in marking a portion of buildingproperties belonging to petitioners situated on either side of Naaz Theatre Road inChirala Municipal Limits with a direction to demolish the same for road widening asillegal, irregular, highhanded, violative of principles of natural justice, provisions ofAndrha Pradesh Municipalities Act and rules framed there under and offends articles14, 21 and 300-A of the Constitution of India and consequently direct therespondents not to demolish any portion of the said buildings, its compound wallsand site and pass Counsel for the Petitioner: MR.NIMMAGADDA SATYANARAYANA
Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN. & URBAN DEV.Counsel for the Respondent Nos.2 and 3: S. NAGESWARA REDDYCounsel for the Respondent Nos.4 and 5: GP FOR HOME
The Court made the following :
THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA
WRIT PETITION No.28136 of 2008
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER:
According to the petitioners, they are the absolute owners, possessors and enjoyersof the respective site and building properties situated on either side adjoining NaazTheatre Road in Chirala Municipal Limits. The particulars of the said buildingproperties are as under:
NameAssessment No.Door No.Nature ofbuildingShaik Intiaz Sharif103200441512-2-126 to 12-RCC Roof2-135Building S.Nadimuddin103200441812-2-123 &12-”&1032004419 2-124A. Brahmananda Reddy103200438412-2-37,12-2-”to103200438741,12-2-40Are Subba Reddy103200437912-2-37 to12-2-”to1032004390 42A. Sudhakar Reddy103200438912-240”&1032004380
It is stated that the respondent authorities are entering into the petitioners’ housesstating that a part of the said houses are required for the purpose of widening of theroad and that they are threatening to demolish the same. Hence, the petitionersapproached this Court and filed the present writ petition.
Heard the learned counsel for the petitioners and the learned Standing Counsel forthe respondent-Municipality.
When once the petitioners establish that they are the absolute owners of the housesin question, in my considered view, the respondents cannot acquire the same,without following due procedure under law.
In that view of the matter, this writ petition is disposed of with a direction torespondents 2 and 3 not to dispossess the petitioners from the houses in question,without following due procedure under law.
Date: 24.12.2008
Note: Furnish CC by tomorrow.
B/o
va
GOPALA KRISHNA TAMADA, J