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2025 DAILYLAW 19223 (AP)

RAMESWARLAL AND COMPANY LIMITED v. THE STATE OF ANDHRA PRADESH

WP/13358/2025 · 2025-07-03

Nyapathy Vijay

body2025

Judgment text

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APHC010268102025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 13343 Between: Padam Kumar Gupta The State Of Andhra Pradesh and Others WRIT PETITION NO: 13358 OF 2025 Between: Rameswarlal And Company Limited The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. K CHENCHURAMI REDDY Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 13343 OF 2025 AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) WRIT PETITION NO: 13358 OF 2025 Rameswarlal And Company Limited ...PETITIONER AND Pradesh and ...RESPONDENT(S) Counsel for the Petitioner: K CHENCHURAMI REDDY Counsel for the Respondent(S): GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3460] THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY ...PETITIONER ...RESPONDENT(S) THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 13343 OF 2025 AND WRIT PETITION NO: 13358 OF 2025 COMMON ORDER:- The Writ Petition No. 13343 of 2025 is filed questioning the action of the Respondents in issuing demolition notice dated 04.02.2025 to demolish the shed situated at D.No.11-1-21, K.N.Road, P.B.No.20, Tadepalligudem, West Godavari District without any enquiry as illegal and arbitrary. The Writ Petition No. 13358 of 2025 is filed questioning the action of the Respondents in issuing demolition notice dated 04.02.2025 to demolish the shed situated at D.No.11-1-23, K.N.Road, P.B.No.20, Tadepalligudem, West Godavari District without any enquiry as illegal and arbitrary. 2. These Writ Petitions arise out of the same issue and therefore are being disposed of by a Common Order. 3. Heard Mr. K. Chenchu Rami Reddy, learned counsel for the Petitioners and learned Standing Counsel for the Respondents. 4. This Court on 09.05.2025 granted interim order in W.P.No.13343 of 2025, which reads under: “(i) The Petitioner shall submit the structural stability certificate along with other relevant documents within a period of one (1) week from the date of receipt of web copy of the order; (ii) On submission of the said documents referred above, the Respondent Authorities shall consider the same and take further action accordingly”. 5. Pursuant thereof, the Petitioner had obtained a Structural Stability Certificate dated 31.05.2025. As per Structural Stability Certificate, the building in question is not stable and is liable for demolition. The Respondent/ Municipality issued proceedings dated 25.06.2025 calling upon the Petitioner to demolish the structures within one week. 6. Learned counsel for the Petitioner would submit that considering the age of the Petitioner, the Respondent Authorities may consider the feasibility to undertake demolition for the sake of safety of people around the dilapidated building. It is also submitted that necessary costs/ charges will be paid by the Petitioner for demolition of the subject building and there are no tenants in the schedule premises. 7. Learned Standing Counsel for the Respondents would submit that it is the obligation and burden of the Petitioner to demolish the subject building at the cost of the Petitioner, as the Respondent/ Municipality cannot be burdened with responsibility of private buildings. 8. Considering the fair submissions made by learned counsel for the Petitioner, the Writ Petitions is disposed of with following directions: i) The Respondent Municipality may consider the request of the Petitioner for undertaking the demolition and intimate the decition to Petitioner as expeditiously as possible; ii) In the event, the building is demolished by the Respondent/ Municipality, the Petitioner shall pay the costs as directed by the Respondent/ Municipality before demolition of the building in question. iii) In the event, Respondent/ Municipality refuses to undertake demolition the Petitioner shall get the building demolished. 9. With the above direction, this Writ Petitions are disposed of, with the consent of both the counsel. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 04.07.2025 KK