THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No.782 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. P.Raghavendra Reddy, learned counsel for
the appellant; Mr. M.Damodar Reddy, learned counsel for the
1st respondent/writ petitioner; Mr. Pasham Krishna Reddy,
learned Government Pleader for Municipal Administration and Urban Development for respondent No.2; and Mr. M.Ram Mohan Reddy, learned Standing Counsel for Municipalities for respondent Nos.3 & 5.
2. This appeal is directed against the order dated 29.07.2022 passed by the learned Single Judge allowing Writ Petition No.30616 of 2022 filed by the 1st respondent as the writ petitioner.
3. We may mention that appellant Sri G.Vikramsimha Reddy, who is serving as Commissioner of 2 HCJ & CVBRJ W.A.No.782 of 2022 Wanaparthy Municipality has filed the appeal in his personal capacity being aggrieved by the cost imposed by the learned Single Judge while allowing the writ petition.
4. 1st respondent complained before the learned Single Judge that Wanaparthy Municipality had issued demolition notice dated 20.07.2022 for removing the construction carried out by the 1st respondent over the subject property being Plot No.54, admeasuring 150 square yards in Survey Nos.1041 to 1062 at Wanaparthy.
5. Learned Single Judge noticed that time and again this Court had clarified to the municipal authorities the need for issuance of notice to the affected party before proceeding for demolition or eviction. Notwithstanding the same, the municipal authorities continued to commit the same mistake. Consequently, the writ petition was allowed by setting aside the demolition notice dated 20.07.2022 though liberty was granted to the municipal authorities to issue appropriate notice by following the due process of law. However, Commissioner of Wanaparthy Municipality i.e., the appellant 3 HCJ & CVBRJ W.A.No.782 of 2022 was imposed cost of Rs.10,000.00 to be paid within a period of four (04) weeks.
6. Learned counsel for the appellant submits that it was the first instance of Wanaparthy Municipality where demolition notice was issued without following the due process. In fact, this was submitted before the learned Single Judge by the learned Standing Counsel. He further submits that there are conflicting orders of this Court in respect of the same subject land, compliance to one would result in disobedience to the other.
7. Be that as it may, without entering into such contentious issue, we are of the view that imposition of cost of Rs.10,000.00 upon the appellant does not appear to be justified.
8. Accordingly, without interfering with the merit of the order dated 29.07.2022 allowing Writ Petition No.30616 of 2022, we set aside the cost of Rs.10,000.00 imposed upon the appellant.
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W.A.No.782 of 2022
9. Writ Appeal is accordingly disposed of. However, there shall be no order as to costs.
10. As a sequel, miscellaneous applications pending, if any, in this Writ Appeal, shall stand closed.
__________________________ UJJAL BHUYAN, CJ ___________________________ C.V.BHASKAR REDDY, J Date: 01.12.2022 KL