Telangana High Court
WP/24745/2004 of L.Rajeswari, Vs Vijayawada Municipal Corporation, rep., by its on 30 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE Mr. JUSTICE N.V. RAMANA WRIT PETITION No. 24745 of 2004 Between: L.Rajeswari, w/o Satyanarayana Raju, R/o Door No.54-16-8/27,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE Mr. JUSTICE N.V. RAMANA
WRIT PETITION No. 24745 of 2004
Between:
L.Rajeswari, w/o Satyanarayana Raju,R/o Door No.54-16-8/27, Gunadala, Vijayawada.
AND
..... PETITIONER
Vijayawada Municipal Corporation, rep., by its Commissioner, Vijayawada.
.....RESPONDENT
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 toissue an appropriate writ, order or direction, particularly a writ of mandamus,declaring the action of the respondent in demolishing as illegal and ultra vires to theprovisions of Articles 14, 21 and 300-A of the Constitution of India but also themandatory provisions of the Hyderabad Municipal Corporation Act and the Rulesframed thereunder on the subject, besides directing not to meddle with theconstructions made at the property bearing Door No.54-16-8/27, Gunadala ofVijayawada Municipal Corporation.
Counsel for the Petitioner: Mr.V.S.R.ANJANEYALUCounsel for Respondent : Mr.T.S.VENKATARAMANA
The Court at the stage of admission made the following :
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ORDER:
The petitioner claims to be owner of an extent of 452.2 square yards of site bearingDoor No. 54-16-8/27, Gunadala village, Vijayawada having purchased the sameunder a registered sale deed dated 16-12-1978. The petitioner stated to have obtained permission vide proceedingsdated 11-02-1997 from the respondent municipality for construction of ground floorand thereafter vide proceedings dated 30-12-2003, the petitioner also stated to have obtained permission for constructionof additional first and second floors and made constructions as per sanctioned plan.The petitioner alleges that on 18-12-2004, without issuing any notice and withoutfollowing due procedure under law, the officials of the respondent municipality haddemolished the parapet walls on western side constructions over and above the firstfloor and threatened that the they will demolish further constructions within oneweek. Questioning the said action, the present writ petition is filed.
Heard learned counsel for petitioner and learned Standing Counsel for respondentMr.T.S.Venkataramana. Both counsel agreed for disposal of the writ petition with adirection to respondent municipality to follow due process of law, before resorting todemolition, if any.
If the petitioner has violated the sanctioned plan and made deviations, therespondent municipality is at liberty to proceed against the petitioner, in accordancewith law. Hence, the respondent municipality is directed to issue notice to thepetitioner and after considering the explanation, if any that may be submitted by him,pass appropriate orders in accordance with law. Till such time, status quo existingas on today shall be maintained. No costs.
_____________
N.V.RAMANA, J
TVK/DA
To
1. The Commissioner, Vijayawada Municipal Corporation,Vijayawada.Vijayawada.
2. Two CD copies.