SMT. V.KAMALA DEVI, VISAKHAPATNAM, A.P. v. UNION OF INDIA, NEW DELHI,
WP/16461/2016 · 2025-12-08
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52567 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52567 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010697502016
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16461/2016 Between:
1. SMT. V.KAMALA DEVI, VISAKHAPATNAM, A.P., HOUSEWIFE, R/O. D.NO.10-50-2/4, RAMNAGAR, VISAKHAPATNAM-2, ANDHRA PRADESH. ...PETITIONER AND
1. UNION OF INDIA NEW DELHI 4 OTRS, REP. BY ITS CENTRAL MINISTER FOR RAILWAYS, RAIL BHAWAN, RAISINA ROAD, NEW DELHI-110001. 2. SOUTH EASTERN RAILWAY ZONE REP, BY ITS GENERAL MANAGER, GARDEN REACH, KOLKATA, WEST BENGAL, INDIA. 3. SOUTH EASTERN RAILWAY DIVISION, REP. BY ITS DIVISIONAL MANAGER, VISAKHAPATNAM. 4. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO THE GOVT., MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, HYDERABAD. 5. VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction, particularly in the
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nature of a Writ of Mandamus declaring the action of the respondents in proceeding with dispossession and demolition of the petitioner's; All Saints School building bearing Door No.4-218/1 and Door No.4-201 of Vidyanagar, Gopalapatnam, Zone-VI in Visakhapatnam Municipal Corporation without following due process of law as illegal, arbitrary and violative of Article 14, 21 and 300-A of the Constitution of India and also violative of Principles of natural justice and also violative of Provisions of Municipal Laws and consequently direct the respondents not to proceed to dispossess and demolish the petitioner's school building namely All Saints Schools to develop the road or railway track. IA NO: 1 OF 2016(WPMP 20324 OF 2016 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to proceed with dispossess and demolish by interfere with the petitioner's All Saints School Buildng bearing Door No. 4- 218/1 and Door No. 4-201 of Vidyanagar, Gopalapatnam, Zone - VI in Visakhapatnam Municipal Corporation to develop the road or railway track, pending disposal of the Writ Petition.
IA NO: 2 OF 2016(WPMP 22398 OF 2016) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to amend the cause title in main writ petition as well as in Miscellaneous writ petition in First Respondent as Union of India, Rep. by its Chairman, Railway Board, in place of Union of India Rep. by its Central Minister for Railways IA NO: 6 OF 2016(WPMP 97266 OF 2016 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Petitioner:
1. SRINIVAS EMANI Counsel for the Respondent(S):
1. P BHASKAR
2. GP-MUNCIPAL ADMN AND URBAN DEV(AP) The Court made the following:
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Order:
The present writ petition is filed aggrieved by the action of the respondent authorities in trying to dispossess the petitioner from Door No. 4-218/1 and Door No.4-201 of Vidyanagar, Gopalapatnam, Zone-VI in Visakhapatnam Municipal Corporation without following due process of law. 2. It is submitted that the petitioner was running a school from the said property and at the behest of respondent Nos.2 and 3 the 5th respondent was trying to demolish the property and dispossess the petitioner. 3. The learned Standing Counsel appearing for the 5th respondent, on written instructions, submits that the petitioner was running a school at that point of time and that on field verification it was found that as on date the said school is closed and the petitioner’s building is occupied by Vijaya Medicals. It is also stated in the written instructions that there is no interference from the respondent-Corporation and any further interference by the 5th respondent will be strictly in accordance with law. 4. Recording the same, this writ petition stands disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 09.12.2025 PNS/CMK
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