Emani Anusha vs The State Of Andhra Pradesh
2023 Latest Caselaw 39 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

               WRIT PETITION No.42313 of 2022

JUDGMENT:-

1.    Heard Sri G.Arun Showri, learned counsel for the

petitioner and learned Government Pleader for Municipal

Administration for the respondent No.1 and Sri G.Naresh

Kumar, learned counsel, representing Sri M.Manohar Reddy,

learned Standing counsel for the respondent Nos.2 and 3,

Ongole Municipal Corporation.

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

is being decided finally at this stage.

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

India has been filed for the following relief:-

"For the reasons stated, 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 Writ of Mandamus declaring the action of Respondent Nos.2 and 3 in interfering with the peaceful possession and demolishing the boundary stones of the Petitioner's vacant property admeasuring 1508 sq. feet (166.96 sq. yards) in Flat No.10 in Sy.No.283 of Ongole Rural, Ongole Municipal Corporation, Prakasam District and trying to lay down road in Petitioner's property without following due process as illegal, arbitrary, high-handed, violative of principles of natural justice and violative of Articles 14, 19, 21 and

300-A of Constitution of India and consequently to direct the Respondents to not to interfere with the peaceful possession of the petitioners vacant property admeasuring 1508 sq. feet (166.96 sq. yards) in Flat No.10 in Sy.No.283 of Ongole Rural, Ongole Municipal Corporation, Prakasam District and to pass such other order or orders which may deem fit and proper in the circumstances of the case."

4. Sri G.Naresh Kumar, learned counsel for the respondent

Nos.2 and 3, on the basis of written instructions submits that

earlier, survey was conducted i.e. prior to the petitioner

submitting the application for survey, on the complaint made by

some persons. He submits that from the instructions it is not

evident if such survey was done with notice to the petitioner.

He however, submits that in view of the petitioner's case that

the boundary stones are on the petitioner's land and not on the

20 feet road, the Corporation shall again make survey, with due

notice to the petitioner and the concerned parties of adjoining

land.

5. In view of the aforesaid stand taken by the respondents,

keeping the petition pending will serve no useful purpose.

6. With the consent of the parties counsels, this writ petition

is being disposed of finally providing that the respondent No.2

shall get survey to be conducted pursuant to the petitioner's

application, within a period of three (03) weeks from the date of

production of copy of this order before the respondent No.2,

after due notice to the petitioner and to all the concerned

parties of adjoining land and thereafter further action will be

taken with respect to the subject property in accordance with

law.

7. The petitioner to submit copy of this order within one (01)

week from the date of receipt.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date: 03.01.2023 Note:-

Issue C.C by 06.01.2023 B/o:- SCS

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.42313 of 2022

Date: 03.01.2023

Scs