Smt.Gillu Nagalakshmi v. The State of Andhra Pradesh
WP/7569/2025 · 2025-03-26
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12238 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12238 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010143872025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY ,THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7569/2025 Between: Smt.gillu Nagalakshmi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. K V L NARASIMHA RAO Counsel for the Respondent(S):
1. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following:
2
HON’BLE SRI JUSTICE NYAPATHY VIJAY
W.P.No.7569 of 2025
O R D E R:-
This writ petition is filed questioning the action of the Respondents in trying to demolish the house property of the Petitioner admeasuring 73½ square yards bearing Dr.No.19-10- 29/2 in R.S.No.475 back side of Balija Murali Krishna Mill, Revenue Ward No.11, Bhimavaram without issuing any prior notice. 2. It is stated that the Petitioner’s mother had purchased the scheduled property through registered sale deed bearing No.2546/1997 dated 26.06.1997 and after the death of his mother, the Petitioner succeeded to the property and is paying taxes to the Respondent-Municipality. While so, on 01.03.2025, the staff of Respondent No.2 were making measurements in front of his house and on the apprehension that the house property would be demolished without issuing any prior notice, the present writ petition is filed. 3
3. Learned standing counsel passed on the written instructions signed by the Commissioner of Bhimavaram Municipality, wherein it is stated that as per the master plan of Bhimavaram Municipality issued vide G.O.Ms.No.9 MA & UD dated 17.01.2024, the site of the Petitioner is on the 80 feet master plan road. Earlier the Municipality formed a 40 feet C.C road from Dirusumarru road towards east upto the Petitioner house and that Municipal Authorities requested the Petitioner to give consent for demolition for the purpose of road widening. It is further mentioned that no notices for demolition were issued and in case of demolition of properties, due procedure under law will be followed by the Respondent-Municipality. 4. In view of the written instructions, the writ petition is disposed of with the following direction: (i) That the Respondent-Authorities shall follow the procedure prescribed for taking possession of Petitioner’s property either under the provisions of A.P. Municipalities Act or The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) or with the consent of the Petitioner.
No order as to costs. 4
As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date:26.03.2025 KLP