APHC010384382015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5558/2015 Between: Shaik Jahera ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. N RAVI PRASAD Counsel for the Respondent(S): 1. GP-MUNCIPAL ADMN AND URBAN DEV(AP) 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: 2 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the action of the Respondent No.3 in making attempts to demolish asbestos roof house bearing Door No.5-60-1/5, 5/2, Devapuram, Guntur Town, which is of decade old, without giving any notice and following due process of law, though an application for sanction of construction plan is pending with the Respondent No.2-Municipal Corporation as illegal, arbitrary, unconstitutional violation of principles of natural justice and violation of Art.21 and 300A of our constitution and consequently direct the Respondents Nos.2 and 3 not to demolish or dispossess the petitioner/inmates of the above house and pass....” 2. The petitioner claims ownership of a property measuring 230 Sq. Yards in T.S.No.1988/6, Guntur Town, which she acquired through a Registered Gift Deed vide Doc.No.4648/2011 from her husband. Since the acquisition, she has been in possession and enjoyment of the house, which originally had an asbestos sheet roof. In 2014, she gifted an area of 115 Sq. Yards to her son. The V.R.O. of Guntur Town certified that the house is asbestos sheet roofed, and the petitioner has consistently paid taxes to the Municipal Corporation. Additionally, the property has electricity and water connections. But however, third parties with an interest in the petitioner’s property attempted to interfere with her ownership, the petitioner filed a suit in O.S.No.739 of 2012 on the file of I Additional Junior Civil Judge, Guntur, which resulted in a decree in her 3 favor for perpetual injunction. Despite this, these third parties are allegedly pressuring the respondent No.3-Town Planning Officer to illegally demolish the petitioner's house without issuing any notice and without following due process of law. Hence, the above Writ Petition is filed. 3. When the matter came up for admission on 04.03.2015, this Court passed the following interim order: “….Sri A.Panduranga Rao takes notice for respondents 1 and 3 and seeks time to get instructions. Post after four (4) weeks in motion list. Till the, there shall be interim direction, as prayed for.” 4. Heard learned counsel for the petitioner and Sri A.S.C.Bose, learned Standing counsel appearing for respondent No.2. 5. Today, when the matter came up for hearing, learned Standing Counsel representing respondent No.2, on oral instructions, has informed this Court that in pursuance of the interim order dated 04.03.2015 granted by this Court, the respondents have not interfered with the petitioner’s property in Door No.5-60-1/5, 5/2, Devapuram, Guntur Town. 6. Recording the same, the Writ Petition is disposed of directing the respondents not to interfere with the possession of the petitioner over the scheduled property without following due process of law. There shall be no order as to costs. 4 As a sequel, miscellaneous applications pending, if any, shall also stand closed. ___________________ JUSTICE V.SUJATHA Dated: 28.02.2025 SNI 5 119 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5558 of 2015 Date: 28.02.2025 SNI