Styed Chand Basha vs The State Of Ap
2023 Latest Caselaw 2734 AP

     THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

               WRIT PETITION NO. 11469 OF 2023

JUDGMENT:-

1)     Heard Smt. K. Pallavi, learned Counsel for the

Petitioner, learned Government Pleader for Municipal

Administration and Urban Development for the Respondent

No.1, Sri. P. Anand Surya, Advocate, representing Sri. Kalava

Suresh Kumar Reddy, learned Standing Counsel for the

Respondent Nos. 2 and 3 and learned Government Pleader

for Revenue - Respondent Nos. 4 and 5.

2) With the consent of the parties Counsels, the Writ

Petition is being disposed of finally at this stage.

3) The Petitioner has filed this Writ Petition, under

Article 226 of the Constitution of India, for the following

relief:-

"......pleased to issue an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 5 herein in not removing the illegal constructions of pial and flooring around the Neem tree and installation of Mahalakshmi Amma idol on the pial by putting up steel grills and Zink Sheet roofing at the southern side entrance of the shop room of the petitioner i.e.,

Al shop room in Dayakar Reddy Buildings, situated near RTC Bus Stand, Trunk Road, Nellore, by taking into consideration the representation made by the petitioner dated 15.04.2023 as illegal, arbitrary and opposed to the established principles of law and consequently direct the respondents herein to remove the illegal constructions above mentioned and pass.................."

4) Learned Counsel for the Petitioner submits that, the

Petitioner is the absolute owner and possessor of A-1 shop

room in Dayakar Reddy Buildings, situated near RTC Bus

Stand, Trunk Road, Nellore, having purchased the same

under registered Sale Deed vide Document No. 296 of 1998

from one Thikkavarapu Aagami Reddy. At that time, there

was one tenant and for his vacation, the Petitioner filed

RCC No. 30 of 2015, in which the Lok-Adalat, Nellore,

passed an Award No. 257 of 2023, dated 11.02.2023, and

in pursuance thereof, the subject property was delivered to

the Petitioner on 28.02.2023.

5) He further submits that, towards the western side of

the Petitioner's shop, there is main entrance. After delivery

of the shop, as aforesaid, the Petitioner opened another

entrance to his shop towards southern side. On the newly

opened southern side entrance, there is in existence a

Neem tree since long.

6) The grievance raised in the Writ Petition is that, the

persons in the locality constructed pial and flooring around

the Neem tree and installed a Mahalakshmi Amma Idol on

the pial and put up steel grills and also zink sheet roofing

and started performing pujas. For removal of the said

construction pleading, inter alia, causing obstructions to

the Petitioner's ingress and egress, the petition has been

filed.

7) From the own pleadings of the Petitioner, as also the

submission advanced by the learned Counsel for the

Petitioner, prima facie, it is evident that the main entrance

of the Petitioner's shop is towards western side of the shop.

The Petitioner after getting the shop vacated from the

tenant on 28.02.2023, recently opened a new entrance

towards the southern side, towards which, as per the

photographs annexed, there is existence of a Neem tree

and a temple and where the persons are performing pujas.

The Petitioner is having the main entrance towards western

side. It is not the Petitioner's case that there is any

obstruction to the Petitioner's ingress and egress to his

shop from the main entrance. The opening of another

entrance towards the southern side towards the Neem tree,

is admittedly a new one, opened recently. The existence of

the Neem tree is also admitted since long. The alleged

construction of pial around the Neem tree and temple etc.,

exists since when i.e., since long or its new one, as alleged

is a question of fact. Whether the Petitioner has any right

of ingress or egress from the southern side is also a

question which requires leading of evidence for its

determination.

8) The writ petition is not the appropriate remedy.

9) The Petitioner has already submitted a representation

to the Respondent No. 2, who shall consider the same and

pass appropriate orders with due opportunity of hearing to

all the person concerned.

10) It shall be open to the Petitioner to seek such other

remedy as may be available in law, if so advised.

11) The petition is disposed of.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

________________________ RAVI NATH TILHARI, J Date: 02.05.2023.

SM/DSB.

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION NO. 11469 OF 2023

Date: 02.05.2023

SM/DSB