WRIT PETITION 28847 of 2021 on 23 November 2009

ORDER:

The writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue a Writ or Order more in the nature of Mandamus in declaring the action of the 2[nd] respondent in demolishing the petitioner’s Apartment namely GSR Residency, bearing Door No.25/650-10 to 29 in Survey No.545-2, near LIC Office, Penukonda Road, Dharmavaram Municipality, Dharmavaram Town, Ananthapur district without issuing any notice and without following due process of law as illegal, arbitrary and violative of principles of natural justice and consequently to direct the 2[nd] respondent not to demolish the apartment i.e. GSR Residency, D.No.25/160-10 to 29 in Survey No.545-2, near LIC Office, Penukonda Road, Dharmavaram Town, Ananthapur District.

2. The case of the petitioners, in brief, is that they are husband and wife and are absolute owners of the landed property to an extent of 1085.99 square yards situated in Survey No.545-2, near LIC Office, Penukonda Road, Dharmavaram, Ananthapur District. They purchased the property of an extent of 726.66 square yards on 23.11.2009 vide document No.5231/2009, out of which an extent of 363.33 square yards was gifted by the 1[st] petitioner in favour of his wife, the 2[nd] petitioner herein, vide registered Gift Deed dated 02.03.2010 bear Document No.934/2010. Since the petitioners being co-owners of the subject property and are in possession and enjoyment of the same, they obtained building permission from the 2[nd] respondent Municipality on 04.03.2010 vide proceedings No.B.A.No.58/10G, dated 06.05.2010 for construction of ground plus three floors, and pursuant thereto, MSM, J

W.P.No.28847 of 2021

they constructed a building viz., G.S.R. Residency bearing Door No.25/650-10 to 29, in Survey No.545-2, near LIC Office, Penukonda Road, Dharmavaram Town, Ananthapur District, as per the approved plan in the schedule property with all superior quality materials. The main grievance of the petitioners is that the authorities of the 2[nd] respondent Municipality are interfering with the building construction and trying to demolish the same without following the due process of law.

3. Sri N. Ranga Reddy, learned standing counsel appearing for the 2[nd] respondent fairly submitted that the 2[nd] respondent Municipality is not interfering with the building construction of the petitioners and due to the disputes between the petitioners and the third parties with regard to passage, the present writ petition is filed.

4. In the facts and circumstances of the case, recording the submission of the learned standing counsel for the 2[nd]respondent Municipality, the writ petition is closed. However, this order will not preclude the 2[nd] respondent Municipality to take appropriate action in accordance with law in case any deviation is made, contrary to the approved building plan. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

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M. SATYANARAYANA MURTHY, J