Andhra Pradesh High Court
WP/31479/2024 of GUDALA MOHANA MURALI KRISHNA Vs THE STATE OF ANDHRA PRADESH on 31 December 2024
COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31479 OF 2024 Between; Gudala Mohana Mural! Krishna, S/o G Satyanarayana, Aged
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI(Special Original Jurisdiction)
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 31479 OF 2024
Between;
Gudala Mohana Mural! Krishna, S/o G Satyanarayana, Aged about 63years, R/o D.No.3-26, Kusampudi Street, Near Anjaneyaswami Temple,Ganapavaram Village and Mandal, West Godavari District.
...Petitioner
AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary,Roads and Building Department, Secretariat, Velagapudi,[Guntur]District.Roads and Building Department, Secretariat, Velagapudi,[Guntur]District.
2.The District Collector and District Magistrate, West Godavari District,Bhimavaram.Bhimavaram.
3.The Tahsildar, Ganapavaram Mandal, Ganapavaram, West[Godavari]District.District.
4.The Superintendent Engineer, Road and Buildings Department,[West]Godavari District, Bhimavaram.Godavari District, Bhimavaram.
5.The Executive Engineer, Roads and Buildings department.[West]Godavari District, Bhimavaram.Godavari District, Bhimavaram.
6.The Assistant Engineer, Roads and Buildings department,Tadepalligudem, West Godavari District.Tadepalligudem, West Godavari District.
...Respondents
Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Courtmaybe pleased to issue a Writ, order or direction, especially one[ in][ the][ nature]of Writ of Mandamus, declaring the action of the Respondents in trying todemolish petitioner building bearing Door Number.7-21, 22, 23, 24 and 25in Sy.No.244-1, Ganapavaram Village and Mandal, West Godavari District,for the purpose of road widening (Undi-Pipper R and B Road) by puttingmarking on petitioner's building without acquiring the said land or issuingnotice under any of the Actsin vogue,isillegal,arbitrary,violativeofPrinciples of Natural Justice and Arts 14, 21 and 300-A of the Constitutionof India and consequently direct the Respondents frominterfering withpetitioner possession and enjoyment of the building referred to supra.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleasedtodirecttheRespondentsnottointerferewithpetitionerspossession and enjoyment building bearing Door Number.7-21, 22, 23, 24and 25 in Sy.No.244-1, Ganapavaram Village and Mandal, West GodavariDistrict, pending disposal of the above Writ Petition.
Counsel for the Petitioner; SRI. T V JAGGI REDDY
Counsel for the Respondents: GP FOR ROADS BUILDINGS
The Court made the following order:
APHC010604162024IN THE HIGH COURT OF ANDHRAPRADESHAT AMARAVATI(Special Original Jurisdiction)
[3329]
TUESDAY ,THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 31479/2024
Between:
Gudala Mohana Murali Krishna
...PETITIONER
AND
The State Of Andhra Pradesh and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.TVJAGGI REDDY
Counsel for the Respondent(S):
1.GP FOR ROADSBUILDINGS
THEHONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No. 31479/2024
This Court made the following
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ORDER:
ThisinstantWritPetitionisfiledunderArticle226oftheConstitution of India by the Petitioner for the following[relief;]
to issue a Writ, order or direction, especially one[in][ the][ nature][ of][ Writ][ of]Mandamus, declaring the action of the Respondents in[trying][ to][ demolish]petitioner building bearing Door No.7-21, 22, 23, 24[and][ 25][ in][ Sy.No.244-]1, Ganapavaram Village and Mandal, West Godavari District,forthepurpose of road widening (Undi-Pipper R & B Road) by[putting][ marking][ on]Petitioner’s building without acquiring the said land[or][ issuing][ notice][ under]illegal, arbitrary, violative of principles ofany of the Actsin vogue, asnatural justice and Articles 14, 21 and 300-A of the[Constitution][ of][ India]and consequently direct the Respondents from interfering[with][ petitioner][ s]possession and enjoyment of the building referred supra[and][ pass...]
2. The claim of the petitioner is that the Petitioner[is][ absolute][ owner]of R.C.C roofed building bearing Door No.7-21,22, 23,[24]and possessorand 25inSy.No.244-1, GanapavaramVillage andMandal,WestGodavari District and he has been in peaceful possession[and][ enjoyment]of the subject house property since long time.
3. While things stood thus, the Respondent Authorities are trying todemolish the structures of the Petitioner on the guise of road wideningwithout following due process of law as contemplated.Hence the WritPetition.demolish the structures of the Petitioner on the guise of road wideningwithout following due process of law as contemplated.Hence the WritPetition.
4. Learned Government Pleader furnished the writteninstructionsdated 31.12.2024 issued by theRespondent herein which reads thus;dated 31.12.2024 issued by theRespondent herein which reads thus; “It is submitted that the Petitioner has filed a petition on the assumptionthat the part of the building will be demolished.It is submitted that R&Bdepartmentofficials havenot approachedthe disputedbuildingfordemolishing.Itisalsosubmittedthatthe RespondentNo.6hasaddressedalettertotheTahsildar,GanapavaramMandal,WestGodavariDistrictrequestingtoconductasurvey andfixuptheboundaries to take appropriate steps for removal of the encroachments,due to interruption of traffic and accidents”
5. Learned Government Pleader further submits that the Respondents the Respondents are not taking steps for demolition of the subject building of the Petitionerand if necessary they would follow due procedure as contemplated.
6. Heard learned counsel for the Petitioner and learned GovernmentPleader for Roads and Buildings and perused the material placedonrecord.Pleader for Roads and Buildings and perused the material placedonrecord.
7. Having regard to the submission made by both the learned counsel,without goinginto merits of the case, the Writ Petitionis disposedofdirecting the Respondent Authoritiesif they are intended to acquire orinterfere with ihe possession of the subject buildingpropertyof thewithout goinginto merits of the case, the Writ Petitionis disposedofdirecting the Respondent Authoritiesif they are intended to acquire orinterfere with ihe possession of the subject buildingpropertyof the :4:
Petitioner, they shall follow due procedure as contemplated[and][ without]following due procedure they shall be precluded from[the][ interference][ and]demolition of the subject building property of the[Petitioner.]No costs.
Conclusion
As a sequel, interlocutory applicationsif any pending,shall stand closed.
To,
//TRUE COPY//
SD/- G. HELA NAIDUASSISTANT REGISTRAR
/Section officer
1. The Principal Secretary, Roads and Building Department,[State][ of]Andhra Pradesh, Secretariat, Velagapudi, Guntur District.Andhra Pradesh, Secretariat, Velagapudi, Guntur District.
2. The District Collector and District Magistrate, West[Godavari][ District]Bhimavaram.Bhimavaram.
3. The Tahsildar, Ganapavaram Mandal, Ganapavaram, West[Godavari]District.District.
4. The Superintendent Engineer, Road and Buildings Department,[West]Godavari District, Bhimavaram.Godavari District, Bhimavaram.
5. The Executive Engineer, Roads and Buildings department.[West]Godavari District, Bhimavaram.Godavari District, Bhimavaram.
6. The Assistant Engineer, Roads and Buildings departmentTadepalligudem, West Godavari District.Tadepalligudem, West Godavari District.
7. One CC toSri. T V Jaggi Reddy Advocate [OPUC]
8. Two CCs to GP for Roads Buildings, High Court Of Andhra[Pradesh.][OUT][OUT]
9. Three CD Copies
HIGH COURT
DATED:31/12/2024
ORDER
WP.No.31479 of 2024
DISPOSING OF THE WP
WITHOUT COSTS
g0 3 JAN 2025^. Current Secuon