Andhra Pradesh High Court - Amravati
Shaik Yakubi vs The State Of Andhra Pradesh on 9 September, 2022
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.29007 of 2022
JUDGMENT:-
1. Heard Sri P.Srinivasa Rao, learned counsel for the
petitioner and Sri Sri G.Naresh Kumar, learned counsel,
representing Sri M.Manohar Reddy, learned Standing
Counsel for respondent No.3.
2. For the order proposed to be passed issuance of notice
to the unofficial respondent No.4 is dispensed with.
3. With the consent of the parties counsels, the writ
petition is being disposed of finally at this stage.
4. 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 a Writ or order or direction
more particularly one in the nature of WRIT OF
MANDAMUS declaring the inaction of the 3rd
respondent against the complaint of the petitioner
Dt.27.06.2022 as against the illegal constructions
of the 4th respondent by illegally demolishing part
of the joint family tiled house property being House
No.6-4-3 situated in an extent of about Ac.0.05 ½
cents situated at Vunupula vari Street, within
Ramachandrapuram Muncipality and proceeding
with the illegal constructions at his choice without
obtaining any plan from the 3rd respondent
authority without leaving even the minimum
setbacks and causing damage to the existing tiled
house portion of the petitioner and blocking the
right of access of the petitioner to the road as illegal
aribitrary and violative of the principles of natural
justice and consequently direct the 3rd respondent
to take immediate action against the 4th
respondent and consequently order removal of the
illegal constructions being made by the 4th
respondent and grant such other relief or reliefs as
this Honourable Court may deem fit and proper in
the circumstances of the case."
5. Sri P.Srinivasa Rao, learned counsel for the petitioner
submits that the 4th respondent is the elder brother of the
petitioner's deceased husband. The property in question is
the joint family property, in which the 4th respondent started
raising certain constructions after demolishing the part of the
joint family titled house property bearing House No.6-4-3, in
an extent of about Ac.0.05 ½ cents, situated at Vunupula
Vari Street, Ramachandrapuram Municipality without
obtaining any plan from the 3rd respondent authority without
leaving even the minimum setbacks and blocking the right of
access. He further submits that any construction raised in
the joint property without the building permit and contrary to
the guidelines, without leaving the required setbacks may
ultimately affect the entire property affecting the petitioner's
right therein. Consequently the petitioner submitted
representation dated 27.06.2022 to the Commissioner and
also filed spandana complaint dated 04.07.2022 before the
2nd respondent and also the State House Officer of the
concerned police station, but till date no action has been
taken.
6. Sri G.Naresh Kumar, learned counsel submits that
though the petitioner has annexed the representation dated
27.06.2022 to the Commissioner, but there is neither any
endorsement of receiving nor it is clear about the mode by
which the said representation was sent to the commissioner.
He, however, submits that for the same grievance the
petitioner can approach the Commissioner by filing fresh
representation and if it is filed the same will be considered
and decided in accordance with law.
7. In view of the aforesaid submissions of the learned
counsel for the parties, this writ petition is being disposed of
finally with a direction to the 3rd
respondent/Ramachandrapuram Municipality represented
by its Commissioner to look into the petitioner's grievance
raised vide representation dated 27.06.2022, and pass
appropriate orders, in accordance with law within a period of
four (04) weeks from the date of submission of copy of this
order along with copy of the representation dated 27.06.2022,
before the said authority, with due opportunity of hearing to
the petitioner and the 4th respondent.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any
pending, shall also stand closed.
_______________________
RAVI NATH TILHARI,J
Date: 09.09.2022
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THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.29007 of 2022
Date: 09.09.2022
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