APHC010358532014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22314/2014 Between: Shahshahvali.s and Others ...PETITIONER(S) AND District Collector and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. ADDULA TRIVENI Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 3. 2 The Court made the following order: The Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue an order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in trying to demolish the sheds existing in Jatka stand in Sy.No.429-2 without any notice to the petitioners as illegal, arbitrary and in violation of principles of natural justice provisions of A.P. Municipalities Act, 1965 and fundamental rights guaranteed to the petitioners and consequently direct the 3rd respondent not to proceed with the demolition in the interest of Justice and pass…” 2. When the matter came up for hearing on 09.02.2015, this Court passed the following interim order: “….Heard learned counsel for the petitioners. Status quo obtaining as on today shall be maintained.” 3. The case of the petitioners is that the petitioners are members of notified Jatka Union that the then Collector had issued proceedings vide R.Dis.No.26520/48, dated 28.12.1948 wherein land admeasuring to an extent of 0.29 cents in Sy.No.429-2 was alienated and reserved for construction of Bus Stand and Jatka Stand. Panchayath Board had constructed Bus Stand and Jatka Stand in the year 1952. In the year 1996, the respondent No.2 had tried to demolish the sheds of the petitioners and wanted to construct a shopping complex in the 1½ cent out of 4 cents in Sy.No.429-2 in which sheds are existing. A suit vide O.S.No.375 of 96 on the file of the Hon’ble Junior Civil Judge, Dharmavaram was filed seeking permanent injunction by the then 3 Jatka Union members and the same was decreed vide orders dated 28.02.2006 against the respondent No.2. After formation of new Government, again the respondents are trying to demolish the sheds without giving any notice to the petitioners. Even on 02.08.2014, Municipal officials had come and insisted the petitioners to vacate the premises and further warned that if the petitioners do not vacate the sheds by Tuesday, the sheds would be demolished by using JCB. As the prices of the land have gone up, now the officials want to deprive the petitioners of their livelihood and grab the land even without issuing any notice. Challenging the said action of the respondents the present Writ Petition is filed. 4. Heard learned counsel for the petitioner and learned Standing counsel appearing for the respondents. 5. Today when the matter is taken up for hearing, the learned Standing counsel for the respondent No.2 has furnished a copy of proceedings vide Roc.No.192/2023/G1, dated 22.01.2025 issued by the Commissioner, Dharmavaram Municipality. Wherein it is stated that as per RSR (Resurvey Settlement Register) records the total Sy.No.429 falls under Government Porumboku which completely belongs to the Government. It is further stated that the Revenue Authorities has not issued any possession certificate to the petitioners to confirm the said land belongs to the petitioners. Further it is also stated that the Municipality has not initiated any action to demolish the Jatka Stand Sheds constructed by the petitioners and they would follow due process of law for taking necessary action if required. 4 6. Recording the same, the Writ Petition is disposed of directing the respondents not to demolish the sheds existing in Sy.No.429-2 without following due process of law. There shall be no order as to costs. Miscellaneous petitions pending, any, in this Writ Petition shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 22.01.2025 SNI 5 322 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22314 of 2014 Date: 22.01.2025 SNI