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2025 DAILYLAW 30831 (AP)

Chokkara Sekhara Rao, v. Greater Visakhapatnam Municipal Corporation,

WP/33222/2014 · 2025-02-20

V Sujatha

body2025

Judgment text

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APHC010447022014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 33222/2014 Between: Chokkara Sekhara Rao, ...PETITIONER AND Greater Visakhapatnam Municipal Corporation and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. NIMMAGADDA SATYANARAYANA Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2. The Court made the following: ORDER:- This Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India seeking Mandamus, for 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 respondents in demolishing the slab and wall portion of the petitioners R.C.C building property situated in an extent of 96 square yards covered by Survey No.48 bearing Plot No.122 situated in Chinagadili Village of Greater Visakhapatnam Municipal Corporation Limits and threatening to demolish the remaining portion of structure and insisting him to vacate there from as illegal, irregular, irrational, without any authority of law and violative of the provisions of Greater Hyderabad Municipal Corporation Act, 1955 and rules framed thereunder and offends Article 14, 21 & 300A of Constitution of India and consequently direct the respondents not to demolish the remaining portion of structure of the said house property and not to dispossess the petitioner’s there from…” 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. Today when the matter came up for hearing, learned Standing Counsel has furnished a copy of instructions of the Assistant City Planner, Greater Visakhapatnam, Municipal Corporation, Visakhapatnam, wherein it is stated that the petitioner himself has admitted that he has purchased plot No.122, covered by Survey No.48 from the allotted assignee under an unregistered sale deed executed in the year 2005 & 2006. It is also stated that the said survey number is classified as poramboku Government land as per the revenue records. Having found that the petitioner has encroached the Government land, the respondent office has initiated removal of the encroachment and thereafter has constructed a community hall (shaadi khana) in the interest of local public and at present the community hall is existing in the alleged site of Survey No.48, which is claimed by the petitioner. 4. As per the above instructions submitted by learned Standing Counsel, it can be understood that the petitioner has encroached the land which is classified as Government poramboke land as per the revenue records. As the respondents have already removed the encroachment and also constructed a community hall (shaadi khana) in the interest of local public, this Court is of the opinion that no further cause survives. 5. Accordingly, the Writ Petition is dismissed. No order as to costs. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date : 20.02.2025 JLV 208 HON’BLE SMT. JUSTICE V.SUJATHA W.P.No.33222 of 2014 Dt.20.02.2025 JLV