Andhra Pradesh High Court - Amravati
Smt. Barre Satyavani vs Greater Visakhapatnm Municiapl ... on 5 December, 2023
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.139 OF 2010
Smt. Barre Satyavani, W/o Sri Murali Krishna
Raj, Aged 42 years, R/o D.No.8-4-30, Marthi
Nagar, Gajwaka, Visakhapatnam-26.
... Petitioner
Versus
Greater Visakhapatnam Municipal Corporation,
represented by its Commissioner,
Visakhapatnam and another.
... Respondents
Counsel for the petitioner : Sri K.Sarvabhoma Rao
Counsel for respondents : Sri K.Madhava Reddy,
Standing Counsel for
Municipal Corporation
ORDER
Writ Petition is filed to declare the action of the
respondents in attempting to demolish the existing structures
in the petitioner's property and in trying to dispossess him
from Plot No.109 and 110 admeasuring 400 Sq.yards in
Sy.Nos.64/11B and 64/16 B of Peda Gantyada Village and
Mandal, 50th Ward, Bhavani Nagar area, Visakhapatnam, as
illegal and arbitrary.
SRS, J
2. Writ Petition was admitted on 06.01.2010 and interim
order is granted in W.P.M.P.No.146 of 2010 not to demolish
the structures in question until further orders.
3. Counter-affidavit was filed on behalf of respondent-
Corporation. It was contended, inter alia, that the Corporation
is not a party to the suit filed by the petitioner in O.S.No.57 of
2007 on the file of the Junior Civil Judge, Gajuwaka. As per
the records available, the site petitioner is claiming is
government land. Petitioner filed W.P.No.3920 of 2009 and
the same was disposed of on 27.02.2009 directing the officials
to follow due process. Petitioner got issued legal notice dated
17.07.2009 and submitted representation to the 1st
respondent vide G.No.141/2009, dated 16.09.2009. The
Corporation issued a reply. However, without disclosing the
same, petitioner filed the writ petition.
4. Heard Sri T.Ranjit Verma, learned counsel representing
Sri K.Sarvabhoma Rao, learned counsel for the petitioner and
Sri N.Ranganath Rao, learned counsel representing Sri
K.Madhava Reddy, learned Standing Counsel appearing for
Corporation.
SRS, J
5. Petitioner, along with the writ petition, filed agreement
of sale-cum-GPA dated 05.09.2000.
6. In the first round of litigation, W.P.No.3920 of 2009 was
disposed of directing the authorities to follow due process if
the land is required by the authorities. The petitioner, in fact,
filed suit O.S.No.57 of 2007 against the Revenue officials
seeking perpetual injunction and the suit was decreed by
judgment and decree dated 16.03.2009. The property
mentioned in the suit is 400 Sq.Yards in Sy.Nos.64/11B and
64/16B, Plot Nos.109 and 110.
7. The interim order granted by this Court in the year
2010 is operating as on today. Petitioner is asserting title to
the property. In case, the property of the petitioner is needed
for any public purpose, the respondent authorities have to
follow due process.
8. In view of the above facts and circumstances, in case,
the respondent authorities are of the opinion that the
petitioner encroached the government land, the authorities
shall issue notice to the petitioner as per the provisions of
Andhra Pradesh Municipalities Act, 1965 or any other Act in
SRS, J
vogue. The respondent authorities shall not dispossess the
petitioner without following due process of law.
9. With the above directions, the Writ Petition is disposed
of. No costs.
As a sequel, pending miscellaneous petitions, if any,
shall stand dismissed.
________________________________
JUSTICE SUBBA REDDY SATTI
Date: 05.12.2023
KA
SRS, J
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.139 OF 2010
Date : 05.12.2023
KA
