Andhra Pradesh High Court - Amravati
Shaik Darbar Basha vs The Stae Of Ap on 8 December, 2022
Bench: Ravi Nath Tilhari
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.37315 of 2022
JUDGMENT:-
1. Heard Sri Mahadev Kanthrigala, learned counsel for the
petitioners and learned Government Pleader for Municipal
Administration for the respondent No.1, Sri N.Ranga Reddy,
learned Standing counsel for the respondent No.2 and Smt.
P.Saraswathi, learned counsel for the respondent No.3.
2. This writ petition under Article 226 of the Constitution of
India has been filed for the following relief:-
"For the reasons stated above, it is therefore prayed
that this Hon'ble Court may be pleased to issue a writ of
Mandamus declare the inaction of the 2nd respondent in
not taking action on the petitioners representation dated
05.09.2022 against unauthorized constructions made by
the 3rd respondent in premises besides Door No.4-291/A,
Reading Room Street, Madanapalle, Annamayya District
contrary to the building plan, in violation of the provisions
of A.P. Municipalities Act as illegal, arbitrary and unjust
and to direct the 2nd respondent to remove the
unauthorized constructions made by the 3rd respondent
and pass such other order in the interest of justice."
3. Learned counsel for the petitioners submits that the
respondent No.3 instituted O.S.No.330 of 2011 with respect to
the same property against the petitioner's vendor namely
M.Baba Jan, in which the petitioners were also impleaded. The
said suit was settled in Lok Adalath by award dated 14.12.2019.
He further submits that the respondent No.3 is raising
construction violating the terms and conditions of such award.
In this respect, he submits that the petitioners have made
representation to the respondent No.2 which is not being
considered.
4. Learned counsel for the respondent No.2 submits that in
view of the award of the Lok Adalath in case of the petitioners'
grievance that the respondent No.3 is not following the terms
and conditions thereof the remedy is not the representation to
the respondent No.2 and the petitioner should approach the
appropriate forum for getting the award executed.
5. I have considered the submissions advanced by the
learned counsels for the parties and perused the material on
record.
6. The grievance raised by the petitioners as argued by their
learned counsel is that the respondent No.3 is violating the
terms and conditions of the award passed by the Lok Adalath.
This Court is of the considered view that in case of violating the
terms and conditions of the award passed by the Lok Adalath
the remedy is not by way of writ petition.
7. For the aforesaid reasons, leaving it open to the
petitioners to approach in appropriate proceedings before the
appropriate forum for execution of the award, if so advised, the
writ petition is dismissed.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending,
shall also stand closed.
__________________________
RAVI NATH TILHARI,J
Date: 08.12.2022
SCS
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44455554646
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.37315 of 2022
Date: 08.12.2022
Scs
