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2016 Supreme(AP) 381

M.SEETHARAMA MURTI
Brothers Service Station (Indian Oil Dealer) rep. by its Managing Partner, G. S. Narayana – Appellant
Versus
Vijayawada Municipal Corporation rep. by its Commissioner – Respondent


Advocates Appeared:
For the Petitioners:V.S.R. Anjaneyulu, Advocate.
For the Respondent: R. Sudheer, Standing Counsel.

Judgment :

1. This writ petition under Article 226 of the Constitution of India is filed seeking the following reliefs:

“For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon’ble Court may be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus, directing the respondent corporation not to make any construction including Sulabh Complex on a public road (Varun Motors Road), Benz Circle, Vijayawada Municipal Corporation declaring its action as illegal and ultra vires to the provisions of Articles 14 and 21 of the Constitution of India and also the mandatory provisions of the Hyderabad Municipal Corporation Act and the Rules framed thereunder on the subject from time to time, besides directing the respondent to demolish the construction already made, while directing not to proceed further and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

(Reproduced verbatim)

2. The case of the writ petitioners, as set out in the affidavit filed in support of the writ petition, in brief, is as follows:

The three writ petitioners are carrying on their respect


















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