DR.Y.KRISHNA BHARATI v. STATE OF AP,PRL.SCY,M.A.D,HYD,& 3
WP/4784/2015 · 2025-02-19
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37310 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37310 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010629272015
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4784/2015 Between: Dr.y.krishna Bharati ...PETITIONER AND State Of Ap Prl Scy M A D Hyd 3 and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. P VIJAYA KIRAN 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:
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ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-
“….to issue writ or direction particularly in the nature of mandamus or any other appropriate writ, declaring the action of the respondents in marking the premises of the petitioner to demolish the structure in D.No.3-28-18/151, 3rd lane Rajendranagar, Guntur without following the due process of law as illegal, arbitrary, and opposed to principles of law and natural justice and infringement of property right guaranteed under Article 300-A of constitution of India and consequently direct the respondent authorities to follow due process of law…”
2. The case of the petitioner is that she is the absolute owner of the property of an extent of 450 sq. yards situated at 3rd lane, Rajendranagar, having purchased the same under registered sale deed in the year 1985. She obtained permission from the respondent authorities and constructed a house bearing D.No.3-28-18/151 and has been regularly paying property taxes.
3. While so, in the process of road widening, the 3rd and 4th respondents visited the said premises and without any formal notice or compensation details, made markings for demolition of the premises and informed the petitioners that they would start demolition within ten days. Hence, the present writ petition is filed.
4. When the matter came up for admission on 27.02.2015, this Court passed the following interim order:
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“….Sri A.Pandu Ranga Rao, learned counsel takes notice for respondents 2 to 4 and seeks time for getting instructions.
Post along with W.P.No.3460 of 2015.
Till then, status quo obtaining as on today shall be maintained.”
5. Heard learned counsel for the petitioner and learned Standing counsel appearing for respondent Nos.2 to 4.
6. Today, when the matter came up for hearing, learned Standing Counsel representing respondent Nos.2 to 4, on oral instructions, has informed this Court that in pursuance of the interim order dt.27.02.2015 granted by this Court, the respondents have not interfered with the petitioner’s property i.e., D.No.3-28-18/151, 3rd lane, Rajendranagar and further stated that if at all they intend to interfere with the same, they will follow due process of law.
7. 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. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ___________________ JUSTICE V.SUJATHA Dated: 19.02.2025 JLV
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312 THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 4784 of 2015
Date: 19.02.2025
JLV