Andhra Pradesh High Court

WP/33105/2023 of BOYA MOOKAPPA Vs THE STATE OF ANDHRA PRADESH on 29 December 2023

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COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE Ui PRESENT M y THE HONOURABLE SRI JUSTICE NINALA JAYASURYaV^ O WRIT PETITION NO: 33105 OF 2023 Between; 1. Boya Mookappa, S/o. Boya Hanumanthappa, Aged

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI(Special Original Jurisdiction)

FRIDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE

UiM yO

PRESENT

THE HONOURABLE SRI JUSTICE NINALA JAYASURYaV^

WRIT PETITION NO: 33105 OF 2023

Between;

1. Boya Mookappa,S/o. Boya Hanumanthappa, Aged about 48 Years,Occ.Business,R/o.D.No.1-43/1,DargaColony,YellarthyVillageandPost,Holagunda Mandal, Kurnool District.Business,R/o.D.No.1-43/1,DargaColony,YellarthyVillageandPost,Holagunda Mandal, Kurnool District.

2.Boya Gowramma, W/o. Mookappa, Aged about 45 Years, Occ. Business, R/o.D.No. 1-43/1, Darga Colony, Yellarthy Village and Post, Holagunda Mandal,Kurnool District.D.No. 1-43/1, Darga Colony, Yellarthy Village and Post, Holagunda Mandal,Kurnool District.

AND

...PETITIONERS

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat RajDepartment, Secretariat, Velagapudi, Amaravathi.Department, Secretariat, Velagapudi, Amaravathi.

2.The District Panchayat Officer, Kurnool District[at][ Kurnool.]

3.The Divisional Panchayat Officer, Holagunda Mandal,[Kurnool][ District.]

4. The Mandal Development Officer, Holagunda Mandal,[Kurnool][ District.]

5.The EOPRD(Executive Officer, Panchayat Raj Dept), Holagunda Mandal,Kurnool District.Kurnool District.

6. The Extension Officer, Panchayat Raj Department, Holagunda Mandal,Kurnool District.Kurnool District.

7.The Taksildar, Holagunda Mandal, Kurnool District.

8.The Yellarthy Gram Panchayati, Rep. by its Secretary, Holagunda Mandal,Kurnool DistrictKurnool District

9.The Station House Officer, Holagunda Police Station,[Kurnool][ District.]

...RESPONDENTS

PetitionunderArticle226oftheConstitutionofIndiaprayingthatinthecircumstancesstatedintheaffidavitfiledtherewith,theHighCourt maybepleased to issue a Writ, order or direction more particularly[one]in the nature ofWrit of Mandamus, declaring the action of the Respondents in trying to demolishthe house of the Petitioners situatedinD.No.1-43 and 1-43/1, Darga Colony, Yellarthy Village and Post, Holagunda Mandal, Kurnool District,in Sy. No.189/M,situatedin Yellarthy Village, Holagunda Mandal, Kurnool District without issuingany Notice and without calling for any explanation and without following the dueprocessof Law as,illegal,arbitrary,violationof Principlesof NaturalJustice,violation of Articles 14,19(1)(g), 21 and 300(A) of[the Constitution]of India andconsequently direct the Respondents not to demolish[the] house[ of][ the][ Petitioners.]

lA NO:1 OF 2023

Petition under Section 151 CPC praying that in the circumstances[ stated]in theaffidavit filed in support of the petition, the High Court may be pleased to direct theRespondents not to demolish the house of the Petitioners situatedin D.No. 1-43and 143/1, Darga Colony, Yellarthy Village and Post, Holagunda Mandal, KurnoolDistrict, in Sy. No.189/M, situated in Yellarthy Village, Holagunda Mandal, KurnoolDistrict.

Counsel for the Petitioner(s): SRI. KAMALA KUNAPULI

Counsel for the Respondent NOS.1 TO 6: GP FOR PANCHAYAT RAJ RURALDEV

Counsel for the Respondent N0.7: GP FOR REVENUE

Counsel for the Respondent No.8: SC FOR VENKAT REDDY,[GRAM]PANCHAYAT

Counsel for the Respondent No.9: GP FOR HOME

The Court made the following: ORDER

IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATHIHON’BLE SRI JUSTICE NINALA JAYASURYAWRIT PETITION No.33105 of 2023Dt:29.12.2023

Between:Boya Mookappa and other

Petitioners

And

The State of Andhra Pradesh, Rep., by its Principal SecretaryPanchayat Raj Department and othersRespondents Counsel for petitioners:M/s.Kunapalli KamalaCounsel for respondents;The G.P. for PR &, RDThe G.P. for Home The G.P. for Revenue

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ORDER:

Heardlearnedcounselforthepetitioners.Alsoheardlearned counsel appearing on behalf of the respondent[Nos.4]and 8.

2. Aggrieved by the action of the 8^^ respondent in trying[to]demolish the house of the petitioners situated in D.No. 1-43/1 atDarga Colony, Yellarthy Village situated in Sy.No. 189/M, thepresent writ petition is filed.demolish the house of the petitioners situated in D.No. 1-43/1 atDarga Colony, Yellarthy Village situated in Sy.No. 189/M, thepresent writ petition is filed.

3. Learned counsel for the petitioners inter alia submits[that]the petitioners are in peaceful possession and enjoyment[of][ the]above said land and running a small toys shop and hotel.[He]submitsthattothepetitioner’suttersurprisenoticedated20.12.2023 was issued whereinitisinter alia stated that thethe petitioners are in peaceful possession and enjoyment[of][ the]above said land and running a small toys shop and hotel.[He]submitsthattothepetitioner’suttersurprisenoticedated20.12.2023 was issued whereinitisinter alia stated that the petitioners have made construction of the shopillegallyanddespite informing the writ petitioners the same has not beenremoved.In the said notice, 24 hours timeis grantedtothepetitioners to remove the alleged illegal construction.

4. Learnedcounselsubmitsthat beforeissuingthesaidnotice, no show cause notice was issued to the petitioners[and]straight awaydirections wereissuedcalling upon themtoremove constructions. He submits that such an action on thepart of therespondent without affording any opportunity[to]the petitioners is violative of Principles of Natural[Justice][ and]asthereis imminent threat of demolition of the subjectmatterproperty and dispossession of the petitioners, the present writpetition is filed.notice, no show cause notice was issued to the petitioners[and]straight awaydirections wereissuedcalling upon themtoremove constructions. He submits that such an action on thepart of therespondent without affording any opportunity[to]the petitioners is violative of Principles of Natural[Justice][ and]asthereis imminent threat of demolition of the subjectmatterproperty and dispossession of the petitioners, the present writpetition is filed.

5. This Court considered the submissions made and perusedthe notice dated 20.12.2023. Though it is styled as notice,it isin the nature of an order containing certain directions callingupon the petitioners to remove the constructions stated to havebeen made illegally, that too within 24 hours.the notice dated 20.12.2023. Though it is styled as notice,it isin the nature of an order containing certain directions callingupon the petitioners to remove the constructions stated to havebeen made illegally, that too within 24 hours.

6. As seen from the said notice, thereis no reference astowhether any show cause notice was issued to the petitioner.[Be]that as it may. As it is rightly contended by the learned[counsel]whether any show cause notice was issued to the petitioner.[Be]that as it may. As it is rightly contended by the learned[counsel]

for the petitioners any action on the part of the authoritiesconcernedwithoutaffordingreasonableopportunitytotheeffected partiesis not sustainable in law. Therefore,thewritpetition deserves to be allowed on that short ground.

7. Accordingly,theWritPetitionisdisposedof,withadirection to the respondents not to take any coercive[action][ in]respect of the subject matter property, without issuing any showcausenoticetothepetitioners/providingopportunityofsubmitting their explanation and passing appropriateorders,inaccordance withlaw. No order astocosts.Miscellaneouspetitions pending, if any, shall stand closed.Sd/-B. PRASADA RAO//TRUE COPY//ASSISTANT^GISTRARSECTION OFFICER

To,

1. The Principal Secretary, Panchayat Raj Department, Secretariat, VelaqapudI,Amaravathi.Amaravathi.2.The District Panchayat Officer, Kurnool District at Kurnool.

3. The Divisional Panchayat Officer, Holagunda Mandal, Kurnool District

4. The Mandal Development Officer, Holagunda Mandal, Kurnool District.5. The Executive Officer, Panchayat Raj Department, Holagunda MandalKurnool District.5. The Executive Officer, Panchayat Raj Department, Holagunda MandalKurnool District.

6. The Extension Officer, Panchayat Raj Department, Holagunda MandalKurnool District.Kurnool District.7.The Taksildar, Holagunda Mandal, Kurnool District.8. The Yellarthy Gram Panchayati, Rep. by its Secretary, Holagunda MandalKurnool District8. The Yellarthy Gram Panchayati, Rep. by its Secretary, Holagunda MandalKurnool District

9. The Station House Officer, Holagunda Police Station, Kurnool District.10.One CC to SRI. KAMALA KUNAPULI, Advocate [OPUC]11. Two CCS to GP FOR PANCHAYAT RAJ RURAL DEV, High Court[ of] AndhraPradesh. [OUT]10.One CC to SRI. KAMALA KUNAPULI, Advocate [OPUC]11. Two CCS to GP FOR PANCHAYAT RAJ RURAL DEV, High Court[ of] AndhraPradesh. [OUT]

12. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT]13. One CC to Sri G. Venkat Reddy, SC for Gram Panchayt.[OPUC]13. One CC to Sri G. Venkat Reddy, SC for Gram Panchayt.[OPUC]

14. Two CCs to GP FOR HOM, High Court of Andhra Pradesh. [OUT]15.THREE CD Copies15.THREE CD Copies AL

HIGH COURT

DATED:29/12/2023

ORDER

WP.No.33105 of 2023

/gODpes

DISPOSING OF THE WP WITHOUT COSTS

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