Babujee Baranala vs The State Of Ap
2022 Latest Caselaw 7806 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

               WRIT PETITION No.33025 of 2022

JUDGMENT:-

1.    Heard Sri A.Ravi Shankar, learned counsel for the

petitioner and learned Government Pleader for Municipal

Administration        for   the     respondent        No.1      and       Sri

S.Lakshminarayana Reddy, learned Standing Counsel for the

respondent Nos.2 to 4, Greater Visakhapatnam Municipal

Corporation (for short, the G.V.M.C).

2. With the consent of the parties counsels, the writ petition

is being disposed of finally at this stage.

3. This writ petition under Article 226 of the Constitution of

India has been filed for the following relief:-

"It is therefore prayed that this Hon'ble Court may be pleased to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in proposing to demolish the newly constructed compound wall in the house bearing house No.12-76, Nethajinagar, Prasanthinagar Main Road, Pendurthi 531173, Visakhapatnam District as illegal, arbitary and violative of my right to property guaranteed under Article 300-A of the Constitution of India and consequently direct the respondents not to interfere with my possession over the house as otherwise I suffer irreparable loss and injury

and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and in the interests of justice."

4. Learned counsel for the petitioner submits that the

petitioner purchased the house site admeasuring 448 Sq. yards

besides Pulagalapalem Road connecting Pendurthi Main Road to

Pulagalapalem Village under registered sale deed dated

04.04.1983 and applied for sanctioned plan to construct the

ground floor, for which permission was granted by concerned

Gram Panchayat on 15.11.1984. He again obtained permission

for construction of the 1st floor, which was granted on

09.05.1997. The petitioner constructed both the ground floor

and the 1st floor as per the sanctioned plan and the house was

assessed by the Gram Panchayat and was allotted the House

No.7-64. On 16.01.2022, the officials of the Municipal

Corporation demolished the petitioner's compound wall, for

widening of the road with the consent and permission of the

petitioner without insisting for any compensation/TDR. After

demolition, the petitioner constructed another compound wall

away from the place of earlier demolished compound wall.

Learned counsel for the petitioner further submits that now

again the G.V.M.C authorities are contemplating to demolish

the new compound wall, without following any procedure of law.

5. Sri S.Lakshminarayana Reddy, learned Standing Counsel,

on the basis of written instructions received from the

respondent No.4, submits that the Corporation proposed the

widening of Pulagalipalem road from BRTS road at Anjaneya

Swami temple to Nalla Quary road and for the said purpose, the

earlier compound wall of the petitioner was removed on

16.01.2022, with the consent of the petitioner. But, now the

petitioner is trying to reconstruct the compound wall at the

same place which action of the petitioner is being restrained.

He submits that the Corporation is not interfering with the

petitioner's possession or his property in any other way. If for

any public purpose the petitioner's property is required the

same shall be taken only in accordance with law.

6. In view of the aforesaid, recording the submission of the

learned Standing Counsel, the writ petition is being disposed of

finally with the following directions:-

a) The G.V.M.C and its authorities, shall not take or utilize

the petitioner's land and property for any purposes except by

following due process of law.

b) The petitioner shall not reconstruct the compound wall

nor raise any other construction, at the place of the earlier

compound wall which was removed on 16.01.2022 by the

G.V.M.C with the consent and permission of the petitioner as it

is the case of both the sides that the removal of compound wall

on 16.01.2022 was with the consent and permission of the

petitioner.

7. The writ petition is being disposed of finally with the

above observations and directions.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending,

shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date: 13.10.2022 SCS FFFFFFFFFHGHHHHHHHHHHGGGGGGGFFFKKKKKKKKKK KKKKJJJJJKFDASDFKKKKLKKLHGGGFFFFFFFDSSSSSGG GGGGGGHHHHHGHFSDAFSDAHLFJHSDFJASD

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.33025 of 2022

Date: 13.10.2022

Scs